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90_SB1517 35 ILCS 5/210 Amends the Illinois Income Tax Act. Provides that for tax years ending on or after December 31, 1998, the dependent care assistance program tax credit shall be available to manufacturers and retailers (now manufacturers) and shall be in an amount equal to 10% (now 5%) of the amount of expenditures by the taxpayer in the tax year reported under Section 129 of the Internal Revenue Code to provide in the Illinois premises of the taxpayer's workplace an on-site facility dependent care assistance program under Section 129 of the Internal Revenue Code. LRB9011362KDgc LRB9011362KDgc 1 AN ACT to amend the Illinois Income Tax Act by changing 2 Section 210. 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 210 as follows: 7 (35 ILCS 5/210) 8 Sec. 210. Dependent care assistance program tax credit. 9 (a) Beginning with tax years ending on or after June 30, 10 1995 and ending with tax years ending on or before December 11 30, 1998, each taxpayer who is primarily engaged in 12 manufacturing is entitled to a credit against the tax imposed 13 by subsections (a) and (b) of Section 201 in an amount equal 14 to 5% of the amount of expenditures by the taxpayer in the 15 tax year for which the credit is claimed, reported pursuant 16 to Section 129(d)(7) of the Internal Revenue Code, to provide 17 in the Illinois premises of the taxpayer's workplace an 18 on-site facility dependent care assistance program under 19 Section 129 of the Internal Revenue Code. 20 (a-5) Beginning with tax years ending on or after 21 December 31, 1998, each taxpayer who is primarily engaged in 22 manufacturing or retailing is entitled to a credit against 23 the tax imposed by subsections (a) and (b) of Section 201 in 24 an amount equal to 10% of the amount of expenditures by the 25 taxpayer in the tax year for which the credit is claimed, 26 reported pursuant to Section 129(d)(7) of the Internal 27 Revenue Code, to provide in the Illinois premises of the 28 taxpayer's workplace an on-site facility dependent care 29 assistance program under Section 129 of the Internal Revenue 30 Code. This subsection is exempt from the provisions of 31 Section 250. -2- LRB9011362KDgc 1 (b) If the amount of credit exceeds the tax liability 2 for the year, the excess may be carried forward and applied 3 to the tax liability of the 2 taxable years following the 4 excess credit year. The credit shall be applied to the 5 earliest year for which there is a tax liability. If there 6 are credits from more than one tax year that are available to 7 offset a liability, the earlier credit shall be applied 8 first. 9 (c) A taxpayer claiming the credit provided by this 10 Section shall maintain and record such information as the 11 Department may require by regulation regarding the dependent 12 care assistance program for which credit is claimed. When 13 claiming the credit provided by this Section, the taxpayer 14 shall provide such information regarding the taxpayer's 15 provision of a dependent care assistance program under 16 Section 129 of the Internal Revenue Code. 17 (Source: P.A. 88-505.)