State of Illinois
91st General Assembly
Legislation

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91_SB1512

 
                                               LRB9112828SMdv

 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, except that for individuals the basic
20    amount shall be:
21             (1)  for taxable years ending on or  after  December
22        31, 1998 and prior to December 31, 1999, $1,300;
23             (2)  for  taxable  years ending on or after December
24        31, 1999 and prior to December 31, 2000, $1,650;
25             (3)  for taxable years ending on or  after  December
26        31, 2000, $2,000.
27    For  taxable  years  ending  on or after December 31, 1992, a
28    taxpayer whose Illinois base income exceeds the basic  amount
29    and  who  is  claimed  as a dependent on another person's tax
30    return under the Internal Revenue Code of 1986 shall  not  be
31    allowed any basic amount under this subsection.
 
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 1        (c)  Additional amount for individuals. In the case of an
 2    individual  taxpayer,  there shall be allowed for the purpose
 3    of subsection (a), in addition to the basic  amount  provided
 4    by subsection (b), an additional exemption equal to the basic
 5    amount  for each exemption in excess of one allowable to such
 6    individual taxpayer for the taxable year under Section 151 of
 7    the Internal Revenue Code.
 8        (d)  Additional exemptions for an individual taxpayer and
 9    his or her spouse.  In the case of an individual taxpayer and
10    his or her spouse, he or she shall each be allowed additional
11    exemptions as follows:
12             (1)  Additional exemption for taxpayer or spouse  65
13        years of age or older.
14                  (A)  For  taxpayer.  An additional exemption of
15             $1,000 for the taxpayer if he or  she  has  attained
16             the  age  of  65 before the end of the taxable year,
17             except that the additional exemption shall be:
18                       (i)  For taxable years ending on or  after
19                  December  31,  2000  and  prior to December 31,
20                  2001, $1,650.
21                       (ii)  For taxable years ending on or after
22                  December 31, 2001, $2,000.
23                  (B)  For spouse when  a  joint  return  is  not
24             filed.   An  additional  exemption of $1,000 for the
25             spouse of the taxpayer if a joint return is not made
26             by the taxpayer and his spouse, and  if  the  spouse
27             has  attained  the  age of 65 before the end of such
28             taxable year, and, for the calendar  year  in  which
29             the  taxable  year  of  the  taxpayer begins, has no
30             gross income and is not  the  dependent  of  another
31             taxpayer, except that the additional exemption shall
32             be:
33                       (i)  For  taxable years ending on or after
34                  December 31, 2000 and  prior  to  December  31,
 
                            -3-                LRB9112828SMdv
 1                  2001, $1,650.
 2                       (ii)  For taxable years ending on or after
 3                  December 31, 2001, $2,000.
 4             (2)  Additional  exemption for blindness of taxpayer
 5        or spouse.
 6                  (A)  For taxpayer.  An additional exemption  of
 7             $1,000 for the taxpayer if he or she is blind at the
 8             end  of the taxable year, except that the additional
 9             exemption shall be:
10                       (i)  For taxable years ending on or  after
11                  December  31,  2000  and  prior to December 31,
12                  2001, $1,650.
13                       (ii)  For taxable years ending on or after
14                  December 31, 2001, $2,000.
15                  (B)  For spouse when  a  joint  return  is  not
16             filed.   An  additional  exemption of $1,000 for the
17             spouse of the taxpayer if a separate return is  made
18             by the taxpayer, and if the spouse is blind and, for
19             the  calendar  year in which the taxable year of the
20             taxpayer begins, has no gross income and is not  the
21             dependent  of  another  taxpayer,  except  that  the
22             additional exemption shall be:
23                       (i)  For  taxable years ending on or after
24                  December 31, 2000 and  prior  to  December  31,
25                  2001, $1,650.
26                       (ii)  For taxable years ending on or after
27                  December 31, 2001, $2000.
28        For  purposes  of  this  paragraph,  the determination of
29    whether the spouse is blind shall be made as of  the  end  of
30    the  taxable  year of the taxpayer; except that if the spouse
31    dies during such taxable year  such  determination  shall  be
32    made as of the time of such death.
33                  (C)  Blindness  defined.   For purposes of this
34             subsection, an individual is blind only  if  his  or
 
                            -4-                LRB9112828SMdv
 1             her  central visual acuity does not exceed 20/200 in
 2             the better eye with correcting lenses, or if his  or
 3             her  visual  acuity  is  greater  than 20/200 but is
 4             accompanied by a limitation in the fields of  vision
 5             such  that  the widest diameter of the visual fields
 6             subtends an angle no greater than 20 degrees.
 7        (e)  Cross reference. See Article 3  for  the  manner  of
 8    determining base income allocable to this State.
 9        (f)  Application  of  Section  250.  Section 250 does not
10    apply to the amendments to this Section made  by  Public  Act
11    90-613 or this amendatory Act of the 91st General Assembly.
12    (Source: P.A. 90-613, eff. 7-9-98; 91-357, eff. 7-29-99.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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