104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2608

 

Introduced 2/6/2025, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/201

    Amends the Illinois Income Tax Act. Reduces the rate of tax on individuals, trusts, estates, and certain pass-through entities from 4.95% to 3.75%. Reduces the rate of tax on corporations from 7% to 6%. Effective immediately.


LRB104 10353 HLH 20427 b

 

 

A BILL FOR

 

HB2608LRB104 10353 HLH 20427 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Income Tax Act is amended by
5changing Section 201 as follows:
 
6    (35 ILCS 5/201)
7    Sec. 201. Tax imposed.
8    (a) In general. A tax measured by net income is hereby
9imposed on every individual, corporation, trust and estate for
10each taxable year ending after July 31, 1969 on the privilege
11of earning or receiving income in or as a resident of this
12State. Such tax shall be in addition to all other occupation or
13privilege taxes imposed by this State or by any municipal
14corporation or political subdivision thereof.
15    (b) Rates. The tax imposed by subsection (a) of this
16Section shall be determined as follows, except as adjusted by
17subsection (d-1):
18        (1) In the case of an individual, trust or estate, for
19    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, for
23    taxable years beginning prior to July 1, 1989 and ending

 

 

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1    after June 30, 1989, an amount equal to the sum of (i) 2
2    1/2% of the taxpayer's net income for the period prior to
3    July 1, 1989, as calculated under Section 202.3, and (ii)
4    3% of the taxpayer's net income for the period after June
5    30, 1989, as calculated under Section 202.3.
6        (3) In the case of an individual, trust or estate, for
7    taxable years beginning after June 30, 1989, and ending
8    prior to January 1, 2011, an amount equal to 3% of the
9    taxpayer's net income for the taxable year.
10        (4) In the case of an individual, trust, or estate,
11    for taxable years beginning prior to January 1, 2011, and
12    ending after December 31, 2010, an amount equal to the sum
13    of (i) 3% of the taxpayer's net income for the period prior
14    to January 1, 2011, as calculated under Section 202.5, and
15    (ii) 5% of the taxpayer's net income for the period after
16    December 31, 2010, as calculated under Section 202.5.
17        (5) In the case of an individual, trust, or estate,
18    for taxable years beginning on or after January 1, 2011,
19    and ending prior to January 1, 2015, an amount equal to 5%
20    of the taxpayer's net income for the taxable year.
21        (5.1) In the case of an individual, trust, or estate,
22    for taxable years beginning prior to January 1, 2015, and
23    ending after December 31, 2014, an amount equal to the sum
24    of (i) 5% of the taxpayer's net income for the period prior
25    to January 1, 2015, as calculated under Section 202.5, and
26    (ii) 3.75% of the taxpayer's net income for the period

 

 

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1    after December 31, 2014, as calculated under Section
2    202.5.
3        (5.2) In the case of an individual, trust, or estate,
4    for taxable years beginning on or after January 1, 2015,
5    and ending prior to July 1, 2017, an amount equal to 3.75%
6    of the taxpayer's net income for the taxable year.
7        (5.3) In the case of an individual, trust, or estate,
8    for taxable years beginning prior to July 1, 2017, and
9    ending after June 30, 2017, an amount equal to the sum of
10    (i) 3.75% of the taxpayer's net income for the period
11    prior to July 1, 2017, as calculated under Section 202.5,
12    and (ii) 4.95% of the taxpayer's net income for the period
13    after June 30, 2017, as calculated under Section 202.5.
14        (5.4) In the case of an individual, trust, or estate,
15    for taxable years beginning on or after July 1, 2017 and
16    ending prior to January 1, 2026, an amount equal to 4.95%
17    of the taxpayer's net income for the taxable year.
18        (5.5) In the case of an individual, trust, or estate,
19    for taxable years beginning prior to January 1, 2026 and
20    ending after December 31, 2025, an amount equal to the sum
21    of (i) 4.95% of the taxpayer's net income for the period
22    prior to January 1, 2026, as calculated under Section
23    202.5, and (ii) 3.75% of the taxpayer's net income for the
24    period after December 31, 2025, as calculated under
25    Section 202.5.
26        (5.6) In the case of an individual, trust, or estate,

 

 

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1    for taxable years beginning on or after January 1, 2026,
2    an amount equal to 3.75% of the taxpayer's net income for
3    the taxable year.
4        (6) In the case of a corporation, for taxable years
5    ending prior to July 1, 1989, an amount equal to 4% of the
6    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, and ending prior to January
16    1, 2011, an amount equal to 4.8% of the taxpayer's net
17    income for the taxable year.
18        (9) In the case of a corporation, for taxable years
19    beginning prior to January 1, 2011, and ending after
20    December 31, 2010, an amount equal to the sum of (i) 4.8%
21    of the taxpayer's net income for the period prior to
22    January 1, 2011, as calculated under Section 202.5, and
23    (ii) 7% of the taxpayer's net income for the period after
24    December 31, 2010, as calculated under Section 202.5.
25        (10) In the case of a corporation, for taxable years
26    beginning on or after January 1, 2011, and ending prior to

 

 

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1    January 1, 2015, an amount equal to 7% of the taxpayer's
2    net income for the taxable year.
3        (11) In the case of a corporation, for taxable years
4    beginning prior to January 1, 2015, and ending after
5    December 31, 2014, an amount equal to the sum of (i) 7% of
6    the taxpayer's net income for the period prior to January
7    1, 2015, as calculated under Section 202.5, and (ii) 5.25%
8    of the taxpayer's net income for the period after December
9    31, 2014, as calculated under Section 202.5.
10        (12) In the case of a corporation, for taxable years
11    beginning on or after January 1, 2015, and ending prior to
12    July 1, 2017, an amount equal to 5.25% of the taxpayer's
13    net income for the taxable year.
14        (13) In the case of a corporation, for taxable years
15    beginning prior to July 1, 2017, and ending after June 30,
16    2017, an amount equal to the sum of (i) 5.25% of the
17    taxpayer's net income for the period prior to July 1,
18    2017, as calculated under Section 202.5, and (ii) 7% of
19    the taxpayer's net income for the period after June 30,
20    2017, as calculated under Section 202.5.
21        (14) In the case of a corporation, for taxable years
22    beginning on or after July 1, 2017 and ending prior to
23    January 1, 2026, an amount equal to 7% of the taxpayer's
24    net income for the taxable year.
25        (15) In the case of a corporation, for taxable years
26    beginning prior to January 1, 2026 and ending after

 

 

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1    December 31, 2025, an amount equal to the sum of (i) 7% of
2    the taxpayer's net income for the period prior to January
3    1, 2026, as calculated under Section 202.5, and (ii) 6% of
4    the taxpayer's net income for the period after December
5    31, 2025, as calculated under Section 202.5.
6        (16) In the case of a corporation, for taxable years
7    beginning on or after January 1, 2026, an amount equal to
8    6% of the taxpayer's net income for the taxable year.
9    The rates under this subsection (b) are subject to the
10provisions of Section 201.5.
11    (b-5) Surcharge; sale or exchange of assets, properties,
12and intangibles of organization gaming licensees. For each of
13taxable years 2019 through 2027, a surcharge is imposed on all
14taxpayers on income arising from the sale or exchange of
15capital assets, depreciable business property, real property
16used in the trade or business, and Section 197 intangibles (i)
17of an organization licensee under the Illinois Horse Racing
18Act of 1975 and (ii) of an organization gaming licensee under
19the Illinois Gambling Act. The amount of the surcharge is
20equal to the amount of federal income tax liability for the
21taxable year attributable to those sales and exchanges. The
22surcharge imposed shall not apply if:
23        (1) the organization gaming license, organization
24    license, or racetrack property is transferred as a result
25    of any of the following:
26            (A) bankruptcy, a receivership, or a debt

 

 

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1        adjustment initiated by or against the initial
2        licensee or the substantial owners of the initial
3        licensee;
4            (B) cancellation, revocation, or termination of
5        any such license by the Illinois Gaming Board or the
6        Illinois Racing Board;
7            (C) a determination by the Illinois Gaming Board
8        that transfer of the license is in the best interests
9        of Illinois gaming;
10            (D) the death of an owner of the equity interest in
11        a licensee;
12            (E) the acquisition of a controlling interest in
13        the stock or substantially all of the assets of a
14        publicly traded company;
15            (F) a transfer by a parent company to a wholly
16        owned subsidiary; or
17            (G) the transfer or sale to or by one person to
18        another person where both persons were initial owners
19        of the license when the license was issued; or
20        (2) the controlling interest in the organization
21    gaming license, organization license, or racetrack
22    property is transferred in a transaction to lineal
23    descendants in which no gain or loss is recognized or as a
24    result of a transaction in accordance with Section 351 of
25    the Internal Revenue Code in which no gain or loss is
26    recognized; or

 

 

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1        (3) live horse racing was not conducted in 2010 at a
2    racetrack located within 3 miles of the Mississippi River
3    under a license issued pursuant to the Illinois Horse
4    Racing Act of 1975.
5    The transfer of an organization gaming license,
6organization license, or racetrack property by a person other
7than the initial licensee to receive the organization gaming
8license is not subject to a surcharge. The Department shall
9adopt rules necessary to implement and administer this
10subsection.
11    (c) Personal Property Tax Replacement Income Tax.
12Beginning on July 1, 1979 and thereafter, in addition to such
13income tax, there is also hereby imposed the Personal Property
14Tax Replacement Income Tax measured by net income on every
15corporation (including Subchapter S corporations), partnership
16and trust, for each taxable year ending after June 30, 1979.
17Such taxes are imposed on the privilege of earning or
18receiving income in or as a resident of this State. The
19Personal Property Tax Replacement Income Tax shall be in
20addition to the income tax imposed by subsections (a) and (b)
21of this Section and in addition to all other occupation or
22privilege taxes imposed by this State or by any municipal
23corporation or political subdivision thereof.
24    (d) Additional Personal Property Tax Replacement Income
25Tax Rates. The personal property tax replacement income tax
26imposed by this subsection and subsection (c) of this Section

 

 

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1in the case of a corporation, other than a Subchapter S
2corporation and except as adjusted by subsection (d-1), shall
3be an additional amount equal to 2.85% of such taxpayer's net
4income for the taxable year, except that beginning on January
51, 1981, and thereafter, the rate of 2.85% specified in this
6subsection shall be reduced to 2.5%, and in the case of a
7partnership, trust or a Subchapter S corporation shall be an
8additional amount equal to 1.5% of such taxpayer's net income
9for the taxable year.
10    (d-1) Rate reduction for certain foreign insurers. In the
11case of a foreign insurer, as defined by Section 35A-5 of the
12Illinois Insurance Code, whose state or country of domicile
13imposes on insurers domiciled in Illinois a retaliatory tax
14(excluding any insurer whose premiums from reinsurance assumed
15are 50% or more of its total insurance premiums as determined
16under paragraph (2) of subsection (b) of Section 304, except
17that for purposes of this determination premiums from
18reinsurance do not include premiums from inter-affiliate
19reinsurance arrangements), beginning with taxable years ending
20on or after December 31, 1999, the sum of the rates of tax
21imposed by subsections (b) and (d) shall be reduced (but not
22increased) to the rate at which the total amount of tax imposed
23under this Act, net of all credits allowed under this Act,
24shall equal (i) the total amount of tax that would be imposed
25on the foreign insurer's net income allocable to Illinois for
26the taxable year by such foreign insurer's state or country of

 

 

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1domicile if that net income were subject to all income taxes
2and taxes measured by net income imposed by such foreign
3insurer's state or country of domicile, net of all credits
4allowed or (ii) a rate of zero if no such tax is imposed on
5such income by the foreign insurer's state of domicile. For
6the purposes of this subsection (d-1), an inter-affiliate
7includes a mutual insurer under common management.
8        (1) For the purposes of subsection (d-1), in no event
9    shall the sum of the rates of tax imposed by subsections
10    (b) and (d) be reduced below the rate at which the sum of:
11            (A) the total amount of tax imposed on such
12        foreign insurer under this Act for a taxable year, net
13        of all credits allowed under this Act, plus
14            (B) the privilege tax imposed by Section 409 of
15        the Illinois Insurance Code, the fire insurance
16        company tax imposed by Section 12 of the Fire
17        Investigation Act, and the fire department taxes
18        imposed under Section 11-10-1 of the Illinois
19        Municipal Code,
20    equals 1.25% for taxable years ending prior to December
21    31, 2003, or 1.75% for taxable years ending on or after
22    December 31, 2003, of the net taxable premiums written for
23    the taxable year, as described by subsection (1) of
24    Section 409 of the Illinois Insurance Code. This paragraph
25    will in no event increase the rates imposed under
26    subsections (b) and (d).

 

 

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1        (2) Any reduction in the rates of tax imposed by this
2    subsection shall be applied first against the rates
3    imposed by subsection (b) and only after the tax imposed
4    by subsection (a) net of all credits allowed under this
5    Section other than the credit allowed under subsection (i)
6    has been reduced to zero, against the rates imposed by
7    subsection (d).
8    This subsection (d-1) is exempt from the provisions of
9Section 250.
10    (e) Investment credit. A taxpayer shall be allowed a
11credit against the Personal Property Tax Replacement Income
12Tax for investment in qualified property.
13        (1) A taxpayer shall be allowed a credit equal to .5%
14    of the basis of qualified property placed in service
15    during the taxable year, provided such property is placed
16    in service on or after July 1, 1984. There shall be allowed
17    an additional credit equal to .5% of the basis of
18    qualified property placed in service during the taxable
19    year, provided such property is placed in service on or
20    after July 1, 1986, and the taxpayer's base employment
21    within Illinois has increased by 1% or more over the
22    preceding year as determined by the taxpayer's employment
23    records filed with the Illinois Department of Employment
24    Security. Taxpayers who are new to Illinois shall be
25    deemed to have met the 1% growth in base employment for the
26    first year in which they file employment records with the

 

 

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1    Illinois Department of Employment Security. The provisions
2    added to this Section by Public Act 85-1200 (and restored
3    by Public Act 87-895) shall be construed as declaratory of
4    existing law and not as a new enactment. If, in any year,
5    the increase in base employment within Illinois over the
6    preceding year is less than 1%, the additional credit
7    shall be limited to that percentage times a fraction, the
8    numerator of which is .5% and the denominator of which is
9    1%, but shall not exceed .5%. The investment credit shall
10    not be allowed to the extent that it would reduce a
11    taxpayer's liability in any tax year below zero, nor may
12    any credit for qualified property be allowed for any year
13    other than the year in which the property was placed in
14    service in Illinois. For tax years ending on or after
15    December 31, 1987, and on or before December 31, 1988, the
16    credit shall be allowed for the tax year in which the
17    property is placed in service, or, if the amount of the
18    credit exceeds the tax liability for that year, whether it
19    exceeds the original liability or the liability as later
20    amended, such excess may be carried forward and applied to
21    the tax liability of the 5 taxable years following the
22    excess credit years if the taxpayer (i) makes investments
23    which cause the creation of a minimum of 2,000 full-time
24    equivalent jobs in Illinois, (ii) is located in an
25    enterprise zone established pursuant to the Illinois
26    Enterprise Zone Act and (iii) is certified by the

 

 

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1    Department of Commerce and Community Affairs (now
2    Department of Commerce and Economic Opportunity) as
3    complying with the requirements specified in clause (i)
4    and (ii) by July 1, 1986. The Department of Commerce and
5    Community Affairs (now Department of Commerce and Economic
6    Opportunity) shall notify the Department of Revenue of all
7    such certifications immediately. For tax years ending
8    after December 31, 1988, the credit shall be allowed for
9    the tax year in which the property is placed in service,
10    or, if the amount of the credit exceeds the tax liability
11    for that year, whether it exceeds the original liability
12    or the liability as later amended, such excess may be
13    carried forward and applied to the tax liability of the 5
14    taxable years following the excess credit years. The
15    credit shall be applied to the earliest year for which
16    there is a liability. If there is credit from more than one
17    tax year that is available to offset a liability, earlier
18    credit shall be applied first.
19        (2) The term "qualified property" means property
20    which:
21            (A) is tangible, whether new or used, including
22        buildings and structural components of buildings and
23        signs that are real property, but not including land
24        or improvements to real property that are not a
25        structural component of a building such as
26        landscaping, sewer lines, local access roads, fencing,

 

 

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1        parking lots, and other appurtenances;
2            (B) is depreciable pursuant to Section 167 of the
3        Internal Revenue Code, except that "3-year property"
4        as defined in Section 168(c)(2)(A) of that Code is not
5        eligible for the credit provided by this subsection
6        (e);
7            (C) is acquired by purchase as defined in Section
8        179(d) of the Internal Revenue Code;
9            (D) is used in Illinois by a taxpayer who is
10        primarily engaged in manufacturing, or in mining coal
11        or fluorite, or in retailing, or was placed in service
12        on or after July 1, 2006 in a River Edge Redevelopment
13        Zone established pursuant to the River Edge
14        Redevelopment Zone Act; and
15            (E) has not previously been used in Illinois in
16        such a manner and by such a person as would qualify for
17        the credit provided by this subsection (e) or
18        subsection (f).
19        (3) For purposes of this subsection (e),
20    "manufacturing" means the material staging and production
21    of tangible personal property by procedures commonly
22    regarded as manufacturing, processing, fabrication, or
23    assembling which changes some existing material into new
24    shapes, new qualities, or new combinations. For purposes
25    of this subsection (e) the term "mining" shall have the
26    same meaning as the term "mining" in Section 613(c) of the

 

 

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1    Internal Revenue Code. For purposes of this subsection
2    (e), the term "retailing" means the sale of tangible
3    personal property for use or consumption and not for
4    resale, or services rendered in conjunction with the sale
5    of tangible personal property for use or consumption and
6    not for resale. For purposes of this subsection (e),
7    "tangible personal property" has the same meaning as when
8    that term is used in the Retailers' Occupation Tax Act,
9    and, for taxable years ending after December 31, 2008,
10    does not include the generation, transmission, or
11    distribution of electricity.
12        (4) The basis of qualified property shall be the basis
13    used to compute the depreciation deduction for federal
14    income tax purposes.
15        (5) If the basis of the property for federal income
16    tax depreciation purposes is increased after it has been
17    placed in service in Illinois by the taxpayer, the amount
18    of such increase shall be deemed property placed in
19    service on the date of such increase in basis.
20        (6) The term "placed in service" shall have the same
21    meaning as under Section 46 of the Internal Revenue Code.
22        (7) If during any taxable year, any property ceases to
23    be qualified property in the hands of the taxpayer within
24    48 months after being placed in service, or the situs of
25    any qualified property is moved outside Illinois within 48
26    months after being placed in service, the Personal

 

 

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1    Property Tax Replacement Income Tax for such taxable year
2    shall be increased. Such increase shall be determined by
3    (i) recomputing the investment credit which would have
4    been allowed for the year in which credit for such
5    property was originally allowed by eliminating such
6    property from such computation and, (ii) subtracting such
7    recomputed credit from the amount of credit previously
8    allowed. For the purposes of this paragraph (7), a
9    reduction of the basis of qualified property resulting
10    from a redetermination of the purchase price shall be
11    deemed a disposition of qualified property to the extent
12    of such reduction.
13        (8) Unless the investment credit is extended by law,
14    the basis of qualified property shall not include costs
15    incurred after December 31, 2018, except for costs
16    incurred pursuant to a binding contract entered into on or
17    before December 31, 2018.
18        (9) Each taxable year ending before December 31, 2000,
19    a partnership may elect to pass through to its partners
20    the credits to which the partnership is entitled under
21    this subsection (e) for the taxable year. A partner may
22    use the credit allocated to him or her under this
23    paragraph only against the tax imposed in subsections (c)
24    and (d) of this Section. If the partnership makes that
25    election, those credits shall be allocated among the
26    partners in the partnership in accordance with the rules

 

 

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1    set forth in Section 704(b) of the Internal Revenue Code,
2    and the rules promulgated under that Section, and the
3    allocated amount of the credits shall be allowed to the
4    partners for that taxable year. The partnership shall make
5    this election on its Personal Property Tax Replacement
6    Income Tax return for that taxable year. The election to
7    pass through the credits shall be irrevocable.
8        For taxable years ending on or after December 31,
9    2000, a partner that qualifies its partnership for a
10    subtraction under subparagraph (I) of paragraph (2) of
11    subsection (d) of Section 203 or a shareholder that
12    qualifies a Subchapter S corporation for a subtraction
13    under subparagraph (S) of paragraph (2) of subsection (b)
14    of Section 203 shall be allowed a credit under this
15    subsection (e) equal to its share of the credit earned
16    under this subsection (e) during the taxable year by the
17    partnership or Subchapter S corporation, determined in
18    accordance with the determination of income and
19    distributive share of income under Sections 702 and 704
20    and Subchapter S of the Internal Revenue Code. This
21    paragraph is exempt from the provisions of Section 250.
22    (f) Investment credit; Enterprise Zone; River Edge
23Redevelopment Zone.
24        (1) A taxpayer shall be allowed a credit against the
25    tax imposed by subsections (a) and (b) of this Section for
26    investment in qualified property which is placed in

 

 

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1    service in an Enterprise Zone created pursuant to the
2    Illinois Enterprise Zone Act or, for property placed in
3    service on or after July 1, 2006, a River Edge
4    Redevelopment Zone established pursuant to the River Edge
5    Redevelopment Zone Act. For partners, shareholders of
6    Subchapter S corporations, and owners of limited liability
7    companies, if the liability company is treated as a
8    partnership for purposes of federal and State income
9    taxation, for taxable years ending before December 31,
10    2023, there shall be allowed a credit under this
11    subsection (f) to be determined in accordance with the
12    determination of income and distributive share of income
13    under Sections 702 and 704 and Subchapter S of the
14    Internal Revenue Code. For taxable years ending on or
15    after December 31, 2023, for partners and shareholders of
16    Subchapter S corporations, the provisions of Section 251
17    shall apply with respect to the credit under this
18    subsection. The credit shall be .5% of the basis for such
19    property. The credit shall be available only in the
20    taxable year in which the property is placed in service in
21    the Enterprise Zone or River Edge Redevelopment Zone and
22    shall not be allowed to the extent that it would reduce a
23    taxpayer's liability for the tax imposed by subsections
24    (a) and (b) of this Section to below zero. For tax years
25    ending on or after December 31, 1985, the credit shall be
26    allowed for the tax year in which the property is placed in

 

 

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1    service, or, if the amount of the credit exceeds the tax
2    liability for that year, whether it exceeds the original
3    liability or the liability as later amended, such excess
4    may be carried forward and applied to the tax liability of
5    the 5 taxable years following the excess credit year. The
6    credit shall be applied to the earliest year for which
7    there is a liability. If there is credit from more than one
8    tax year that is available to offset a liability, the
9    credit accruing first in time shall be applied first.
10        (2) The term qualified property means property which:
11            (A) is tangible, whether new or used, including
12        buildings and structural components of buildings;
13            (B) is depreciable pursuant to Section 167 of the
14        Internal Revenue Code, except that "3-year property"
15        as defined in Section 168(c)(2)(A) of that Code is not
16        eligible for the credit provided by this subsection
17        (f);
18            (C) is acquired by purchase as defined in Section
19        179(d) of the Internal Revenue Code;
20            (D) is used in the Enterprise Zone or River Edge
21        Redevelopment Zone by the taxpayer; and
22            (E) has not been previously used in Illinois in
23        such a manner and by such a person as would qualify for
24        the credit provided by this subsection (f) or
25        subsection (e).
26        (3) The basis of qualified property shall be the basis

 

 

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1    used to compute the depreciation deduction for federal
2    income tax purposes.
3        (4) If the basis of the property for federal income
4    tax depreciation purposes is increased after it has been
5    placed in service in the Enterprise Zone or River Edge
6    Redevelopment Zone by the taxpayer, the amount of such
7    increase shall be deemed property placed in service on the
8    date of such increase in basis.
9        (5) The term "placed in service" shall have the same
10    meaning as under Section 46 of the Internal Revenue Code.
11        (6) If during any taxable year, any property ceases to
12    be qualified property in the hands of the taxpayer within
13    48 months after being placed in service, or the situs of
14    any qualified property is moved outside the Enterprise
15    Zone or River Edge Redevelopment Zone within 48 months
16    after being placed in service, the tax imposed under
17    subsections (a) and (b) of this Section for such taxable
18    year shall be increased. Such increase shall be determined
19    by (i) recomputing the investment credit which would have
20    been allowed for the year in which credit for such
21    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 (6), a
25    reduction of the basis of qualified property resulting
26    from a redetermination of the purchase price shall be

 

 

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1    deemed a disposition of qualified property to the extent
2    of such reduction.
3        (7) There shall be allowed an additional credit equal
4    to 0.5% of the basis of qualified property placed in
5    service during the taxable year in a River Edge
6    Redevelopment Zone, provided such property is placed in
7    service on or after July 1, 2006, and the taxpayer's base
8    employment within Illinois has increased by 1% or more
9    over the preceding year as determined by the taxpayer's
10    employment records filed with the Illinois Department of
11    Employment Security. Taxpayers who are new to Illinois
12    shall be deemed to have met the 1% growth in base
13    employment for the first year in which they file
14    employment records with the Illinois Department of
15    Employment Security. If, in any year, the increase in base
16    employment within Illinois over the preceding year is less
17    than 1%, the additional credit shall be limited to that
18    percentage times a fraction, the numerator of which is
19    0.5% and the denominator of which is 1%, but shall not
20    exceed 0.5%.
21        (8) For taxable years beginning on or after January 1,
22    2021, there shall be allowed an Enterprise Zone
23    construction jobs credit against the taxes imposed under
24    subsections (a) and (b) of this Section as provided in
25    Section 13 of the Illinois Enterprise Zone Act.
26        The credit or credits may not reduce the taxpayer's

 

 

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1    liability to less than zero. If the amount of the credit or
2    credits exceeds the taxpayer's liability, the excess may
3    be carried forward and applied against the taxpayer's
4    liability in succeeding calendar years in the same manner
5    provided under paragraph (4) of Section 211 of this Act.
6    The credit or credits shall be applied to the earliest
7    year for which there is a tax liability. If there are
8    credits from more than one taxable year that are available
9    to offset a liability, the earlier credit shall be applied
10    first.
11        For partners, shareholders of Subchapter S
12    corporations, and owners of limited liability companies,
13    if the liability company is treated as a partnership for
14    the purposes of federal and State income taxation, for
15    taxable years ending before December 31, 2023, there shall
16    be allowed a credit under this Section to be determined in
17    accordance with the determination of income and
18    distributive share of income under Sections 702 and 704
19    and Subchapter S of the Internal Revenue Code. For taxable
20    years ending on or after December 31, 2023, for partners
21    and shareholders of Subchapter S corporations, the
22    provisions of Section 251 shall apply with respect to the
23    credit under this subsection.
24        The total aggregate amount of credits awarded under
25    the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
26    shall not exceed $20,000,000 in any State fiscal year.

 

 

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1        This paragraph (8) is exempt from the provisions of
2    Section 250.
3    (g) (Blank).
4    (h) Investment credit; High Impact Business.
5        (1) Subject to subsections (b) and (b-5) of Section
6    5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
7    be allowed a credit against the tax imposed by subsections
8    (a) and (b) of this Section for investment in qualified
9    property which is placed in service by a Department of
10    Commerce and Economic Opportunity designated High Impact
11    Business. The credit shall be .5% of the basis for such
12    property. The credit shall not be available (i) until the
13    minimum investments in qualified property set forth in
14    subdivision (a)(3)(A) of Section 5.5 of the Illinois
15    Enterprise Zone Act have been satisfied or (ii) until the
16    time authorized in subsection (b-5) of the Illinois
17    Enterprise Zone Act for entities designated as High Impact
18    Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
19    (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
20    Act, and shall not be allowed to the extent that it would
21    reduce a taxpayer's liability for the tax imposed by
22    subsections (a) and (b) of this Section to below zero. The
23    credit applicable to such investments shall be taken in
24    the taxable year in which such investments have been
25    completed. The credit for additional investments beyond
26    the minimum investment by a designated high impact

 

 

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1    business authorized under subdivision (a)(3)(A) of Section
2    5.5 of the Illinois Enterprise Zone Act shall be available
3    only in the taxable year in which the property is placed in
4    service and shall not be allowed to the extent that it
5    would reduce a taxpayer's liability for the tax imposed by
6    subsections (a) and (b) of this Section to below zero. For
7    tax years ending on or after December 31, 1987, the credit
8    shall be allowed for the tax year in which the property is
9    placed in service, or, if the amount of the credit exceeds
10    the tax liability for that year, whether it exceeds the
11    original liability or the liability as later amended, such
12    excess may be carried forward and applied to the tax
13    liability of the 5 taxable years following the excess
14    credit year. The credit shall be applied to the earliest
15    year for which there is a liability. If there is credit
16    from more than one tax year that is available to offset a
17    liability, the credit accruing first in time shall be
18    applied first.
19        Changes made in this subdivision (h)(1) by Public Act
20    88-670 restore changes made by Public Act 85-1182 and
21    reflect existing law.
22        (2) The term qualified property means property which:
23            (A) is tangible, whether new or used, including
24        buildings and structural components of buildings;
25            (B) is depreciable pursuant to Section 167 of the
26        Internal Revenue Code, except that "3-year property"

 

 

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1        as defined in Section 168(c)(2)(A) of that Code is not
2        eligible for the credit provided by this subsection
3        (h);
4            (C) is acquired by purchase as defined in Section
5        179(d) of the Internal Revenue Code; and
6            (D) is not eligible for the Enterprise Zone
7        Investment Credit provided by subsection (f) of this
8        Section.
9        (3) The basis of qualified property shall be the basis
10    used to compute the depreciation deduction for federal
11    income tax purposes.
12        (4) If the basis of the property for federal income
13    tax depreciation purposes is increased after it has been
14    placed in service in a federally designated Foreign Trade
15    Zone or Sub-Zone located in Illinois by the taxpayer, the
16    amount of such increase shall be deemed property placed in
17    service on the date of such increase in basis.
18        (5) The term "placed in service" shall have the same
19    meaning as under Section 46 of the Internal Revenue Code.
20        (6) If during any taxable year ending on or before
21    December 31, 1996, any property ceases to be qualified
22    property in the hands of the taxpayer within 48 months
23    after being placed in service, or the situs of any
24    qualified property is moved outside Illinois within 48
25    months after being placed in service, the tax imposed
26    under subsections (a) and (b) of this Section for such

 

 

HB2608- 26 -LRB104 10353 HLH 20427 b

1    taxable year shall be increased. Such increase shall be
2    determined by (i) recomputing the investment credit which
3    would have been allowed for the year in which credit for
4    such property was originally allowed by eliminating such
5    property from such computation, and (ii) subtracting such
6    recomputed credit from the amount of credit previously
7    allowed. For the purposes of this paragraph (6), a
8    reduction of the basis of qualified property resulting
9    from a redetermination of the purchase price shall be
10    deemed a disposition of qualified property to the extent
11    of such reduction.
12        (7) Beginning with tax years ending after December 31,
13    1996, if a taxpayer qualifies for the credit under this
14    subsection (h) and thereby is granted a tax abatement and
15    the taxpayer relocates its entire facility in violation of
16    the explicit terms and length of the contract under
17    Section 18-183 of the Property Tax Code, the tax imposed
18    under subsections (a) and (b) of this Section shall be
19    increased for the taxable year in which the taxpayer
20    relocated its facility by an amount equal to the amount of
21    credit received by the taxpayer under this subsection (h).
22    (h-5) High Impact Business construction jobs credit. For
23taxable years beginning on or after January 1, 2021, there
24shall also be allowed a High Impact Business construction jobs
25credit against the tax imposed under subsections (a) and (b)
26of this Section as provided in subsections (i) and (j) of

 

 

HB2608- 27 -LRB104 10353 HLH 20427 b

1Section 5.5 of the Illinois Enterprise Zone Act.
2    The credit or credits may not reduce the taxpayer's
3liability to less than zero. If the amount of the credit or
4credits exceeds the taxpayer's liability, the excess may be
5carried forward and applied against the taxpayer's liability
6in succeeding calendar years in the manner provided under
7paragraph (4) of Section 211 of this Act. The credit or credits
8shall be applied to the earliest year for which there is a tax
9liability. If there are credits from more than one taxable
10year that are available to offset a liability, the earlier
11credit shall be applied first.
12    For partners, shareholders of Subchapter S corporations,
13and owners of limited liability companies, for taxable years
14ending before December 31, 2023, if the liability company is
15treated as a partnership for the purposes of federal and State
16income taxation, there shall be allowed a credit under this
17Section to be determined in accordance with the determination
18of income and distributive share of income under Sections 702
19and 704 and Subchapter S of the Internal Revenue Code. For
20taxable years ending on or after December 31, 2023, for
21partners and shareholders of Subchapter S corporations, the
22provisions of Section 251 shall apply with respect to the
23credit under this subsection.
24    The total aggregate amount of credits awarded under the
25Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not
26exceed $20,000,000 in any State fiscal year.

 

 

HB2608- 28 -LRB104 10353 HLH 20427 b

1    This subsection (h-5) is exempt from the provisions of
2Section 250.
3    (i) Credit for Personal Property Tax Replacement Income
4Tax. For tax years ending prior to December 31, 2003, a credit
5shall be allowed against the tax imposed by subsections (a)
6and (b) of this Section for the tax imposed by subsections (c)
7and (d) of this Section. This credit shall be computed by
8multiplying the tax imposed by subsections (c) and (d) of this
9Section by a fraction, the numerator of which is base income
10allocable to Illinois and the denominator of which is Illinois
11base income, and further multiplying the product by the tax
12rate imposed by subsections (a) and (b) of this Section.
13    Any credit earned on or after December 31, 1986 under this
14subsection which is unused in the year the credit is computed
15because it exceeds the tax liability imposed by subsections
16(a) and (b) for that year (whether it exceeds the original
17liability or the liability as later amended) may be carried
18forward and applied to the tax liability imposed by
19subsections (a) and (b) of the 5 taxable years following the
20excess credit year, provided that no credit may be carried
21forward to any year ending on or after December 31, 2003. This
22credit shall be applied first to the earliest year for which
23there is a liability. If there is a credit under this
24subsection from more than one tax year that is available to
25offset a liability the earliest credit arising under this
26subsection shall be applied first.

 

 

HB2608- 29 -LRB104 10353 HLH 20427 b

1    If, during any taxable year ending on or after December
231, 1986, the tax imposed by subsections (c) and (d) of this
3Section for which a taxpayer has claimed a credit under this
4subsection (i) is reduced, the amount of credit for such tax
5shall also be reduced. Such reduction shall be determined by
6recomputing the credit to take into account the reduced tax
7imposed by subsections (c) and (d). If any portion of the
8reduced amount of credit has been carried to a different
9taxable year, an amended return shall be filed for such
10taxable year to reduce the amount of credit claimed.
11    (j) Training expense credit. Beginning with tax years
12ending on or after December 31, 1986 and prior to December 31,
132003, a taxpayer shall be allowed a credit against the tax
14imposed by subsections (a) and (b) under this Section for all
15amounts paid or accrued, on behalf of all persons employed by
16the taxpayer in Illinois or Illinois residents employed
17outside of Illinois by a taxpayer, for educational or
18vocational training in semi-technical or technical fields or
19semi-skilled or skilled fields, which were deducted from gross
20income in the computation of taxable income. The credit
21against the tax imposed by subsections (a) and (b) shall be
221.6% of such training expenses. For partners, shareholders of
23subchapter S corporations, and owners of limited liability
24companies, if the liability company is treated as a
25partnership for purposes of federal and State income taxation,
26for taxable years ending before December 31, 2023, there shall

 

 

HB2608- 30 -LRB104 10353 HLH 20427 b

1be allowed a credit under this subsection (j) to be determined
2in accordance with the determination of income and
3distributive share of income under Sections 702 and 704 and
4subchapter S of the Internal Revenue Code. For taxable years
5ending on or after December 31, 2023, for partners and
6shareholders of Subchapter S corporations, the provisions of
7Section 251 shall apply with respect to the credit under this
8subsection.
9    Any credit allowed under this subsection which is unused
10in the year the credit is earned may be carried forward to each
11of the 5 taxable years following the year for which the credit
12is first computed until it is used. This credit shall be
13applied first to the earliest year for which there is a
14liability. If there is a credit under this subsection from
15more than one tax year that is available to offset a liability,
16the earliest credit arising under this subsection shall be
17applied first. No carryforward credit may be claimed in any
18tax year ending on or after December 31, 2003.
19    (k) Research and development credit. For tax years ending
20after July 1, 1990 and prior to December 31, 2003, and
21beginning again for tax years ending on or after December 31,
222004, and ending prior to January 1, 2032, a taxpayer shall be
23allowed a credit against the tax imposed by subsections (a)
24and (b) of this Section for increasing research activities in
25this State. The credit allowed against the tax imposed by
26subsections (a) and (b) shall be equal to 6 1/2% of the

 

 

HB2608- 31 -LRB104 10353 HLH 20427 b

1qualifying expenditures for increasing research activities in
2this State. For partners, shareholders of subchapter S
3corporations, and owners of limited liability companies, if
4the liability company is treated as a partnership for purposes
5of federal and State income taxation, for taxable years ending
6before December 31, 2023, there shall be allowed a credit
7under this subsection to be determined in accordance with the
8determination of income and distributive share of income under
9Sections 702 and 704 and subchapter S of the Internal Revenue
10Code. For taxable years ending on or after December 31, 2023,
11for partners and shareholders of Subchapter S corporations,
12the provisions of Section 251 shall apply with respect to the
13credit under this subsection.
14    For purposes of this subsection, "qualifying expenditures"
15means the qualifying expenditures as defined for the federal
16credit for increasing research activities which would be
17allowable under Section 41 of the Internal Revenue Code and
18which are conducted in this State, "qualifying expenditures
19for increasing research activities in this State" means the
20excess of qualifying expenditures for the taxable year in
21which incurred over qualifying expenditures for the base
22period, "qualifying expenditures for the base period" means
23the average of the qualifying expenditures for each year in
24the base period, and "base period" means the 3 taxable years
25immediately preceding the taxable year for which the
26determination is being made.

 

 

HB2608- 32 -LRB104 10353 HLH 20427 b

1    Any credit in excess of the tax liability for the taxable
2year may be carried forward. A taxpayer may elect to have the
3unused credit shown on its final completed return carried over
4as a credit against the tax liability for the following 5
5taxable years or until it has been fully used, whichever
6occurs first; provided that no credit earned in a tax year
7ending prior to December 31, 2003 may be carried forward to any
8year ending on or after December 31, 2003.
9    If an unused credit is carried forward to a given year from
102 or more earlier years, that credit arising in the earliest
11year will be applied first against the tax liability for the
12given year. If a tax liability for the given year still
13remains, the credit from the next earliest year will then be
14applied, and so on, until all credits have been used or no tax
15liability for the given year remains. Any remaining unused
16credit or credits then will be carried forward to the next
17following year in which a tax liability is incurred, except
18that no credit can be carried forward to a year which is more
19than 5 years after the year in which the expense for which the
20credit is given was incurred.
21    No inference shall be drawn from Public Act 91-644 in
22construing this Section for taxable years beginning before
23January 1, 1999.
24    It is the intent of the General Assembly that the research
25and development credit under this subsection (k) shall apply
26continuously for all tax years ending on or after December 31,

 

 

HB2608- 33 -LRB104 10353 HLH 20427 b

12004 and ending prior to January 1, 2032, including, but not
2limited to, the period beginning on January 1, 2016 and ending
3on July 6, 2017 (the effective date of Public Act 100-22). All
4actions taken in reliance on the continuation of the credit
5under this subsection (k) by any taxpayer are hereby
6validated.
7    (l) Environmental Remediation Tax Credit.
8        (i) For tax years ending after December 31, 1997 and
9    on or before December 31, 2001, a taxpayer shall be
10    allowed a credit against the tax imposed by subsections
11    (a) and (b) of this Section for certain amounts paid for
12    unreimbursed eligible remediation costs, as specified in
13    this subsection. For purposes of this Section,
14    "unreimbursed eligible remediation costs" means costs
15    approved by the Illinois Environmental Protection Agency
16    ("Agency") under Section 58.14 of the Environmental
17    Protection Act that were paid in performing environmental
18    remediation at a site for which a No Further Remediation
19    Letter was issued by the Agency and recorded under Section
20    58.10 of the Environmental Protection Act. The credit must
21    be claimed for the taxable year in which Agency approval
22    of the eligible remediation costs is granted. The credit
23    is not available to any taxpayer if the taxpayer or any
24    related party caused or contributed to, in any material
25    respect, a release of regulated substances on, in, or
26    under the site that was identified and addressed by the

 

 

HB2608- 34 -LRB104 10353 HLH 20427 b

1    remedial action pursuant to the Site Remediation Program
2    of the Environmental Protection Act. After the Pollution
3    Control Board rules are adopted pursuant to the Illinois
4    Administrative Procedure Act for the administration and
5    enforcement of Section 58.9 of the Environmental
6    Protection Act, determinations as to credit availability
7    for purposes of this Section shall be made consistent with
8    those rules. For purposes of this Section, "taxpayer"
9    includes a person whose tax attributes the taxpayer has
10    succeeded to under Section 381 of the Internal Revenue
11    Code and "related party" includes the persons disallowed a
12    deduction for losses by paragraphs (b), (c), and (f)(1) of
13    Section 267 of the Internal Revenue Code by virtue of
14    being a related taxpayer, as well as any of its partners.
15    The credit allowed against the tax imposed by subsections
16    (a) and (b) shall be equal to 25% of the unreimbursed
17    eligible remediation costs in excess of $100,000 per site,
18    except that the $100,000 threshold shall not apply to any
19    site contained in an enterprise zone as determined by the
20    Department of Commerce and Community Affairs (now
21    Department of Commerce and Economic Opportunity). The
22    total credit allowed shall not exceed $40,000 per year
23    with a maximum total of $150,000 per site. For partners
24    and shareholders of subchapter S corporations, there shall
25    be allowed a credit under this subsection to be determined
26    in accordance with the determination of income and

 

 

HB2608- 35 -LRB104 10353 HLH 20427 b

1    distributive share of income under Sections 702 and 704
2    and subchapter S of the Internal Revenue Code.
3        (ii) A credit allowed under this subsection that is
4    unused in the year the credit is earned may be carried
5    forward to each of the 5 taxable years following the year
6    for which the credit is first earned until it is used. The
7    term "unused credit" does not include any amounts of
8    unreimbursed eligible remediation costs in excess of the
9    maximum credit per site authorized under paragraph (i).
10    This credit shall be applied first to the earliest year
11    for which there is a liability. If there is a credit under
12    this subsection from more than one tax year that is
13    available to offset a liability, the earliest credit
14    arising under this subsection shall be applied first. A
15    credit allowed under this subsection may be sold to a
16    buyer as part of a sale of all or part of the remediation
17    site for which the credit was granted. The purchaser of a
18    remediation site and the tax credit shall succeed to the
19    unused credit and remaining carry-forward period of the
20    seller. To perfect the transfer, the assignor shall record
21    the transfer in the chain of title for the site and provide
22    written notice to the Director of the Illinois Department
23    of Revenue of the assignor's intent to sell the
24    remediation site and the amount of the tax credit to be
25    transferred as a portion of the sale. In no event may a
26    credit be transferred to any taxpayer if the taxpayer or a

 

 

HB2608- 36 -LRB104 10353 HLH 20427 b

1    related party would not be eligible under the provisions
2    of subsection (i).
3        (iii) For purposes of this Section, the term "site"
4    shall have the same meaning as under Section 58.2 of the
5    Environmental Protection Act.
6    (m) Education expense credit. Beginning with tax years
7ending after December 31, 1999, a taxpayer who is the
8custodian of one or more qualifying pupils shall be allowed a
9credit against the tax imposed by subsections (a) and (b) of
10this Section for qualified education expenses incurred on
11behalf of the qualifying pupils. The credit shall be equal to
1225% of qualified education expenses, but in no event may the
13total credit under this subsection claimed by a family that is
14the custodian of qualifying pupils exceed (i) $500 for tax
15years ending prior to December 31, 2017, and (ii) $750 for tax
16years ending on or after December 31, 2017. In no event shall a
17credit under this subsection reduce the taxpayer's liability
18under this Act to less than zero. Notwithstanding any other
19provision of law, for taxable years beginning on or after
20January 1, 2017, no taxpayer may claim a credit under this
21subsection (m) if the taxpayer's adjusted gross income for the
22taxable year exceeds (i) $500,000, in the case of spouses
23filing a joint federal tax return or (ii) $250,000, in the case
24of all other taxpayers. This subsection is exempt from the
25provisions of Section 250 of this Act.
26    For purposes of this subsection:

 

 

HB2608- 37 -LRB104 10353 HLH 20427 b

1    "Qualifying pupils" means individuals who (i) are
2residents of the State of Illinois, (ii) are under the age of
321 at the close of the school year for which a credit is
4sought, and (iii) during the school year for which a credit is
5sought were full-time pupils enrolled in a kindergarten
6through twelfth grade education program at any school, as
7defined in this subsection.
8    "Qualified education expense" means the amount incurred on
9behalf of a qualifying pupil in excess of $250 for tuition,
10book fees, and lab fees at the school in which the pupil is
11enrolled during the regular school year.
12    "School" means any public or nonpublic elementary or
13secondary school in Illinois that is in compliance with Title
14VI of the Civil Rights Act of 1964 and attendance at which
15satisfies the requirements of Section 26-1 of the School Code,
16except that nothing shall be construed to require a child to
17attend any particular public or nonpublic school to qualify
18for the credit under this Section.
19    "Custodian" means, with respect to qualifying pupils, an
20Illinois resident who is a parent, the parents, a legal
21guardian, or the legal guardians of the qualifying pupils.
22    (n) River Edge Redevelopment Zone site remediation tax
23credit.
24        (i) For tax years ending on or after December 31,
25    2006, a taxpayer shall be allowed a credit against the tax
26    imposed by subsections (a) and (b) of this Section for

 

 

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1    certain amounts paid for unreimbursed eligible remediation
2    costs, as specified in this subsection. For purposes of
3    this Section, "unreimbursed eligible remediation costs"
4    means costs approved by the Illinois Environmental
5    Protection Agency ("Agency") under Section 58.14a of the
6    Environmental Protection Act that were paid in performing
7    environmental remediation at a site within a River Edge
8    Redevelopment Zone for which a No Further Remediation
9    Letter was issued by the Agency and recorded under Section
10    58.10 of the Environmental Protection Act. The credit must
11    be claimed for the taxable year in which Agency approval
12    of the eligible remediation costs is granted. The credit
13    is not available to any taxpayer if the taxpayer or any
14    related party caused or contributed to, in any material
15    respect, a release of regulated substances on, in, or
16    under the site that was identified and addressed by the
17    remedial action pursuant to the Site Remediation Program
18    of the Environmental Protection Act. Determinations as to
19    credit availability for purposes of this Section shall be
20    made consistent with rules adopted by the Pollution
21    Control Board pursuant to the Illinois Administrative
22    Procedure Act for the administration and enforcement of
23    Section 58.9 of the Environmental Protection Act. For
24    purposes of this Section, "taxpayer" includes a person
25    whose tax attributes the taxpayer has succeeded to under
26    Section 381 of the Internal Revenue Code and "related

 

 

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1    party" includes the persons disallowed a deduction for
2    losses by paragraphs (b), (c), and (f)(1) of Section 267
3    of the Internal Revenue Code by virtue of being a related
4    taxpayer, as well as any of its partners. The credit
5    allowed against the tax imposed by subsections (a) and (b)
6    shall be equal to 25% of the unreimbursed eligible
7    remediation costs in excess of $100,000 per site.
8        (ii) A credit allowed under this subsection that is
9    unused in the year the credit is earned may be carried
10    forward to each of the 5 taxable years following the year
11    for which the credit is first earned until it is used. This
12    credit shall be applied first to the earliest year for
13    which there is a liability. If there is a credit under this
14    subsection from more than one tax year that is available
15    to offset a liability, the earliest credit arising under
16    this subsection shall be applied first. A credit allowed
17    under this subsection may be sold to a buyer as part of a
18    sale of all or part of the remediation site for which the
19    credit was granted. The purchaser of a remediation site
20    and the tax credit shall succeed to the unused credit and
21    remaining carry-forward period of the seller. To perfect
22    the transfer, the assignor shall record the transfer in
23    the chain of title for the site and provide written notice
24    to the Director of the Illinois Department of Revenue of
25    the assignor's intent to sell the remediation site and the
26    amount of the tax credit to be transferred as a portion of

 

 

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1    the sale. In no event may a credit be transferred to any
2    taxpayer if the taxpayer or a related party would not be
3    eligible under the provisions of subsection (i).
4        (iii) For purposes of this Section, the term "site"
5    shall have the same meaning as under Section 58.2 of the
6    Environmental Protection Act.
7    (o) For each of taxable years during the Compassionate Use
8of Medical Cannabis Program, a surcharge is imposed on all
9taxpayers on income arising from the sale or exchange of
10capital assets, depreciable business property, real property
11used in the trade or business, and Section 197 intangibles of
12an organization registrant under the Compassionate Use of
13Medical Cannabis Program Act. The amount of the surcharge is
14equal to the amount of federal income tax liability for the
15taxable year attributable to those sales and exchanges. The
16surcharge imposed does not apply if:
17        (1) the medical cannabis cultivation center
18    registration, medical cannabis dispensary registration, or
19    the property of a registration is transferred as a result
20    of any of the following:
21            (A) bankruptcy, a receivership, or a debt
22        adjustment initiated by or against the initial
23        registration or the substantial owners of the initial
24        registration;
25            (B) cancellation, revocation, or termination of
26        any registration by the Illinois Department of Public

 

 

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1        Health;
2            (C) a determination by the Illinois Department of
3        Public Health that transfer of the registration is in
4        the best interests of Illinois qualifying patients as
5        defined by the Compassionate Use of Medical Cannabis
6        Program Act;
7            (D) the death of an owner of the equity interest in
8        a registrant;
9            (E) the acquisition of a controlling interest in
10        the stock or substantially all of the assets of a
11        publicly traded company;
12            (F) a transfer by a parent company to a wholly
13        owned subsidiary; or
14            (G) the transfer or sale to or by one person to
15        another person where both persons were initial owners
16        of the registration when the registration was issued;
17        or
18        (2) the cannabis cultivation center registration,
19    medical cannabis dispensary registration, or the
20    controlling interest in a registrant's property is
21    transferred in a transaction to lineal descendants in
22    which no gain or loss is recognized or as a result of a
23    transaction in accordance with Section 351 of the Internal
24    Revenue Code in which no gain or loss is recognized.
25    (p) Pass-through entity tax.
26        (1) For taxable years ending on or after December 31,

 

 

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1    2021 and beginning prior to January 1, 2026, a partnership
2    (other than a publicly traded partnership under Section
3    7704 of the Internal Revenue Code) or Subchapter S
4    corporation may elect to apply the provisions of this
5    subsection. A separate election shall be made for each
6    taxable year. Such election shall be made at such time,
7    and in such form and manner as prescribed by the
8    Department, and, once made, is irrevocable.
9        (2) Entity-level tax. A partnership or Subchapter S
10    corporation electing to apply the provisions of this
11    subsection shall be subject to a tax for the privilege of
12    earning or receiving income in this State in an amount
13    equal to the applicable percentage 4.95% of the taxpayer's
14    net income for the taxable year.
15        (2.1) Applicable percentage defined. As used in this
16    subsection (p), the applicable percentage is the tax rate
17    imposed on individuals, trusts, and estates under
18    subsection (b) for the taxable year.
19        (3) Net income defined.
20            (A) In general. For purposes of paragraph (2), the
21        term net income has the same meaning as defined in
22        Section 202 of this Act, except that, for tax years
23        ending on or after December 31, 2023, a deduction
24        shall be allowed in computing base income for
25        distributions to a retired partner to the extent that
26        the partner's distributions are exempt from tax under

 

 

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1        Section 203(a)(2)(F) of this Act. In addition, the
2        following modifications shall not apply:
3                (i) the standard exemption allowed under
4            Section 204;
5                (ii) the deduction for net losses allowed
6            under Section 207;
7                (iii) in the case of an S corporation, the
8            modification under Section 203(b)(2)(S); and
9                (iv) in the case of a partnership, the
10            modifications under Section 203(d)(2)(H) and
11            Section 203(d)(2)(I).
12            (B) Special rule for tiered partnerships. If a
13        taxpayer making the election under paragraph (1) is a
14        partner of another taxpayer making the election under
15        paragraph (1), net income shall be computed as
16        provided in subparagraph (A), except that the taxpayer
17        shall subtract its distributive share of the net
18        income of the electing partnership (including its
19        distributive share of the net income of the electing
20        partnership derived as a distributive share from
21        electing partnerships in which it is a partner).
22        (4) Credit for entity level tax. Each partner or
23    shareholder of a taxpayer making the election under this
24    Section shall be allowed a credit against the tax imposed
25    under subsections (a) and (b) of Section 201 of this Act
26    for the taxable year of the partnership or Subchapter S

 

 

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1    corporation for which an election is in effect ending
2    within or with the taxable year of the partner or
3    shareholder in an amount equal to 4.95% times the partner
4    or shareholder's distributive share of the net income of
5    the electing partnership or Subchapter S corporation, but
6    not to exceed the partner's or shareholder's share of the
7    tax imposed under paragraph (1) which is actually paid by
8    the partnership or Subchapter S corporation. If the
9    taxpayer is a partnership or Subchapter S corporation that
10    is itself a partner of a partnership making the election
11    under paragraph (1), the credit under this paragraph shall
12    be allowed to the taxpayer's partners or shareholders (or
13    if the partner is a partnership or Subchapter S
14    corporation then its partners or shareholders) in
15    accordance with the determination of income and
16    distributive share of income under Sections 702 and 704
17    and Subchapter S of the Internal Revenue Code. If the
18    amount of the credit allowed under this paragraph exceeds
19    the partner's or shareholder's liability for tax imposed
20    under subsections (a) and (b) of Section 201 of this Act
21    for the taxable year, such excess shall be treated as an
22    overpayment for purposes of Section 909 of this Act.
23        (5) Nonresidents. A nonresident individual who is a
24    partner or shareholder of a partnership or Subchapter S
25    corporation for a taxable year for which an election is in
26    effect under paragraph (1) shall not be required to file

 

 

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1    an income tax return under this Act for such taxable year
2    if the only source of net income of the individual (or the
3    individual and the individual's spouse in the case of a
4    joint return) is from an entity making the election under
5    paragraph (1) and the credit allowed to the partner or
6    shareholder under paragraph (4) equals or exceeds the
7    individual's liability for the tax imposed under
8    subsections (a) and (b) of Section 201 of this Act for the
9    taxable year.
10        (6) Liability for tax. Except as provided in this
11    paragraph, a partnership or Subchapter S making the
12    election under paragraph (1) is liable for the
13    entity-level tax imposed under paragraph (2). If the
14    electing partnership or corporation fails to pay the full
15    amount of tax deemed assessed under paragraph (2), the
16    partners or shareholders shall be liable to pay the tax
17    assessed (including penalties and interest). Each partner
18    or shareholder shall be liable for the unpaid assessment
19    based on the ratio of the partner's or shareholder's share
20    of the net income of the partnership over the total net
21    income of the partnership. If the partnership or
22    Subchapter S corporation fails to pay the tax assessed
23    (including penalties and interest) and thereafter an
24    amount of such tax is paid by the partners or
25    shareholders, such amount shall not be collected from the
26    partnership or corporation.

 

 

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1        (7) Foreign tax. For purposes of the credit allowed
2    under Section 601(b)(3) of this Act, tax paid by a
3    partnership or Subchapter S corporation to another state
4    which, as determined by the Department, is substantially
5    similar to the tax imposed under this subsection, shall be
6    considered tax paid by the partner or shareholder to the
7    extent that the partner's or shareholder's share of the
8    income of the partnership or Subchapter S corporation
9    allocated and apportioned to such other state bears to the
10    total income of the partnership or Subchapter S
11    corporation allocated or apportioned to such other state.
12        (8) Suspension of withholding. The provisions of
13    Section 709.5 of this Act shall not apply to a partnership
14    or Subchapter S corporation for the taxable year for which
15    an election under paragraph (1) is in effect.
16        (9) Requirement to pay estimated tax. For each taxable
17    year for which an election under paragraph (1) is in
18    effect, a partnership or Subchapter S corporation is
19    required to pay estimated tax for such taxable year under
20    Sections 803 and 804 of this Act if the amount payable as
21    estimated tax can reasonably be expected to exceed $500.
22        (10) The provisions of this subsection shall apply
23    only with respect to taxable years for which the
24    limitation on individual deductions applies under Section
25    164(b)(6) of the Internal Revenue Code.
26(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21;

 

 

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1103-9, eff. 6-7-23; 103-396, eff. 1-1-24; 103-595, eff.
26-26-24; 103-605, eff. 7-1-24.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.