104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0062

 

Introduced 1/13/2025, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
New Act
35 ILCS 5/246 new
215 ILCS 5/409  from Ch. 73, par. 1021
215 ILCS 5/444  from Ch. 73, par. 1056

    Creates the Build Illinois Homes Tax Credit Act. Provides that owners of qualified low-income housing developments are eligible for credits against the taxes imposed by the Illinois Income Tax Act or taxes, penalties, fees, charges, and payments imposed by the Illinois Insurance Code. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes. Effective immediately.


LRB104 03041 HLH 13059 b

 

 

A BILL FOR

 

SB0062LRB104 03041 HLH 13059 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 1. Short title. This Act may be cited as the Build
5Illinois Homes Tax Credit Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context clearly requires otherwise:
8    "Allocation schedule certification" means a certification
9issued by the owner of a qualified development, or by the
10owner's designee, under subsection (d) of Section 15 of this
11Act. The certification shall include the following:
12        (1) the building identification number for each
13    building included in the qualified development;
14        (2) the calendar year in which the last building of
15    the qualified development was placed in service;
16        (3) the amount of the credit allowed for each year of
17    the credit period;
18        (4) the amount of credit allocated to each qualified
19    taxpayer for the qualified development for the applicable
20    tax year; and
21        (5) confirmation of whether each qualified taxpayer
22    elects to apply the credit to income tax or insurance
23    premium tax.

 

 

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1    "Authority" means:
2        (1) the Illinois Housing Development Authority; or
3        (2) the City of Chicago Department of Housing.
4    "Building identification number" means the number assigned
5to a building within the qualified development by an Authority
6when allocating the federal tax credit.
7    "Credit" means the credit allowed under this Act.
8    "Credit period" means a period of 6 taxable years
9beginning with the taxable year in which a qualified
10development is placed in service. No credit period may include
11a taxable year beginning prior to January 1, 2026. If a
12qualified development consists of more than one building, then
13the qualified development is deemed to be placed in service in
14the taxable year in which the last building of the qualified
15development is placed in service.
16    "Department" means the Department of Revenue.
17    "Federal tax credit" means the federal low-income housing
18tax credit provided by Section 42 of the federal Internal
19Revenue Code, including federal low-income housing tax credits
20issued under 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4).
21    "Qualified basis" means the qualified basis of the
22qualified development as determined under Section 42 of the
23federal Internal Revenue Code of 1986.
24    "Qualified development" means a qualified low-income
25housing project, as that term is defined in Section 42 of the
26federal Internal Revenue Code of 1986, that is located in the

 

 

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1State and is determined to be eligible for the federal tax
2credit set forth in Section 42 of the Internal Revenue Code.
3    "Qualified taxpayer" means an individual, person, firm,
4corporation, or other entity that owns a direct or indirect
5interest in a qualified development and that is subject to the
6taxes imposed by subsections (a) and (b) of Section 201 of the
7Illinois Income Tax Act or any privilege tax or retaliatory
8tax, penalty, fee, charge, or payment imposed by the Illinois
9Insurance Code.
10    "Reservation letter" means a reservation letter issued by
11the Illinois Housing Development Authority or a reservation
12agreement issued by the City of Chicago Department of Housing.
13    "State credit eligibility statement" means a statement
14issued by an Authority under Section 10 or documents submitted
15in satisfaction of a statement as allowed under Section 10.
16    "State tax return" means the income tax return filed with
17the Department or the privilege and retaliatory tax return
18filed with the Department of Insurance, as applicable.
 
19    Section 10. State credit eligibility statements. Following
20construction or rehabilitation of the qualified development,
21the applicable Authority shall issue a State credit
22eligibility statement with respect to each building located in
23the qualified development certifying that the building
24qualifies for the credit under this Act and specifying:
25        (1) the calendar year in which the last building of

 

 

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1    the qualified development was placed in service;
2        (2) the amount of the credit allowed for each year of
3    the credit period;
4        (3) the maximum qualified basis of the qualified
5    development taken into account in determining such annual
6    credit amount;
7        (4) a building identification number; and
8        (5) that the qualified development is eligible for and
9    has applied to receive a federal tax credit.
10    The State credit eligibility statement shall be issued by
11an Authority simultaneously with IRS Form 8609. For taxable
12years beginning on or after January 1, 2026 and beginning
13before January 1, 2027, an Authority may issue, and the
14Department and Department of Insurance may accept, an IRS Form
158609, including any additional statements attached to the IRS
16Form 8609, and the reservation letter issued by the Authority
17for the qualified development as the State credit eligibility
18statement in satisfaction of both federal requirements and the
19requirements set forth in this Section.
20    The State credit eligibility statement shall include a
21section to be completed by the owner of the qualified
22development annually for each year of the credit period
23certifying that the qualified development conforms with all
24compliance requirements, including all federal compliance
25requirements for the federal tax credit. The State credit
26eligibility statement shall be filed with the project owner's

 

 

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1State tax return annually for each year of the credit period.
 
2    Section 15. Credit for low-income housing developments.
3    (a) An Authority shall administer the credit in accordance
4with the federal tax credit and shall award the credit
5simultaneously with the award of the federal tax credit.
6    (a-5) For taxable years beginning on or after January 1,
72026 and beginning before January 1, 2031, an Authority may
8award a credit to the owner of a qualified development
9simultaneous with the federal tax credit in an amount
10determined by an Authority, subject to the following
11guidelines:
12        (1) an Authority must find that the credit is
13    necessary for the financial feasibility of the qualified
14    development;
15        (2) the aggregate amount of credits awarded to
16    qualified developments for each calendar year shall not
17    exceed $20,000,000, plus the amount of unallocated
18    credits, if any, from the preceding calendar year, plus
19    the amount of any credit recaptured or otherwise returned
20    to an Authority since the preceding calendar year;
21        (3) of the $20,000,000 annual allocation:
22            (A) 75.5% of the available credits for each
23        calendar year shall be awarded by the Illinois Housing
24        Development Authority, plus any credits the Illinois
25        Housing Development Authority did not award from prior

 

 

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1        calendar years, plus the amount of any credits
2        recaptured or otherwise returned to the Illinois
3        Housing Development Authority from prior calendar
4        years; and
5            (B) 24.5% of the available credits in each
6        calendar year shall be awarded by the City of Chicago
7        Department of Housing, plus any credits the City of
8        Chicago Department of Housing did not award from prior
9        calendar years, plus the amount of any credits
10        recaptured or otherwise returned to the City of
11        Chicago Department of Housing since the prior calendar
12        year; and
13        (4) unless otherwise provided in this Act, or unless
14    the context clearly requires otherwise, an Authority must
15    determine eligibility for credits and award credits in
16    accordance with the standards and requirements set forth
17    in Section 42 of the federal Internal Revenue Code of 1986
18    and, to the extent possible, use the same forms that are
19    used in administering the credit under Section 42 of the
20    federal Internal Revenue Code of 1986.
21    (b) For tax years during the credit period, any qualified
22taxpayer is allowed a credit, as provided in this Act, against
23either of the following: (i) the taxes imposed by subsections
24(a) and (b) of Section 201 of the Illinois Income Tax Act; or
25(ii) any privilege tax or retaliatory tax, penalty, fee,
26charge, or payment imposed under the Illinois Insurance Code

 

 

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1as provided in subsection (e-5).
2    (b-5) The amount of credit awarded pursuant to a
3reservation letter shall be claimable in each year of the
4credit period.
5    (c) A qualified taxpayer may claim a credit under this Act
6so long as the taxpayer's direct or indirect interest in the
7qualified development is acquired prior to the filing of its
8tax return claiming the credit. On or before March 31
9following each year of the credit period, the owner must
10submit to the Department, the Department of Insurance, and the
11applicable Authority an allocation schedule certification, in
12an electronic format prescribed by the Department, the
13Department of Insurance, and the Authority, respectively,
14detailing the amount of the credit allocated to the qualified
15taxpayer for the applicable year and stating whether the
16qualified taxpayer has elected to claim the credit against the
17taxpayer's State income tax or insurance privilege tax or
18retaliatory tax liability. The taxpayer may assign to a
19designee the duty of preparing and submitting the allocation
20schedule certification. In that case, the designee must
21provide the allocation schedule certification to the
22Department, the Department of Insurance, and the applicable
23Authority on or before the deadline for submission. The
24qualified taxpayer must notify the Department, the Department
25of Insurance, and the applicable Authority if it assigns that
26duty to its designee.

 

 

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1    The allocation schedule certification submitted under this
2Section may be amended if the State credit eligibility
3statement for a project is received after the deadline for
4filing the allocation schedule certification or if all credits
5have not been awarded by the deadline for filing the
6allocation schedule certification. Any amendment to an
7allocation schedule certification shall be filed before the
8taxpayer attempts to claim tax credits associated with the
9applicable State credit eligibility statement. Each qualified
10taxpayer is allowed to claim its awarded amount of credit
11subject to any restrictions set forth in this Section. If the
12credit is to be taken against the income tax and the qualified
13taxpayer is a pass-through entity, then the provisions of
14Section 251 of the Illinois Income Tax Act apply.
15    (d) No credit may be awarded under this Act unless the
16qualified development is the subject of a recorded restrictive
17covenant requiring the development to be maintained and
18operated as a qualified development; this requirement for a
19recorded restrictive covenant may be satisfied by the
20agreement for an extended low-income housing commitment
21required for the federal tax credits as defined in Section
2242(h)(6)(B) of the federal Internal Revenue Code of 1986.
23    (e) If, during a taxable year, there is a determination
24that no recorded restrictive covenant meeting the requirements
25of subsection (d) was in effect as of the beginning of that
26year, the determination shall not apply to any period before

 

 

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1that year and subsection (e) shall be applied without regard
2to that determination if the failure is corrected within one
3year after the date of the determination.
4    (e-5) For tax years ending during the credit period, any
5qualified taxpayer is allowed a credit as provided in this Act
6against the taxes imposed by subsections (a) and (b) of
7Section 201 of the Illinois Income Tax Act, unless the
8qualified taxpayer elects to claim the credit against any
9privilege tax or retaliatory tax, penalty, fee, charge, or
10payment imposed under the Illinois Insurance Code. Those
11elections shall be submitted by the owner of the qualified
12development in the annual allocation schedule certification as
13provided in subsection (c) of this Section.
14    (f) The tax credit under this Act may not reduce the
15taxpayer's liability to less than zero. If the amount of the
16tax credit exceeds the tax liability for the year, the excess
17may be carried forward and applied to the tax liability of the
185 taxable years following the excess credit year. The credit
19must be applied to the earliest year for which there is a tax
20liability. If there are credits from more than one tax year
21that are available to offset a liability, then the earlier
22credit must be applied first. Credits that are initially
23claimed against taxes imposed by the Illinois Income Tax Act
24may be carried forward only against the taxpayer's future
25Illinois Income Tax liability. Credits that are initially
26claimed against taxes, penalties, fees, charges, and payments

 

 

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1imposed by the Illinois Insurance Code may be carried forward
2only against taxes, penalties, fees, charges, and payments
3imposed by the Illinois Insurance Code. Credits that are not
4claimed or carried forward may not be refunded to the
5taxpayer. The qualified taxpayer is solely responsible for
6correctly filing tax returns, and an Authority is not
7responsible for monitoring the calculation of taxes under this
8Section.
9    (g) By March 31, 2026 and by March 31 of each year
10thereafter, each Authority shall provide to the Department and
11the Department of Insurance an electronic file containing all
12data related to all State credit eligibility statements issued
13during the preceding year in the manner and form as provided by
14each respective Department.
15    (h) Each Authority is entitled to a reservation fee of 1%
16of the credit awarded under this Section for each year of the
17award to support the cost of compliance monitoring. An
18Authority may exercise the option to impose a compliance fee
19or a penalty in the exercise of its compliance monitoring
20function under this Act.
 
21    Section 20. Recapture. If, under Section 42 of the
22Internal Revenue Code, a portion of any federal tax credit
23claimed with respect to a qualified development for which a
24credit has been awarded under this Act is required by a final
25determination by the Internal Revenue Service or a court of

 

 

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1law with competent jurisdiction to be recaptured during the
2first 6 years after a project is placed in service, then,
3within 60 days after becoming aware of the federal tax credit
4recapture, unless the taxpayer successfully disputes the
5recapture, the project owner shall provide the Department, the
6Department of Insurance, and the applicable Authority with
7notice of the federal tax credit recapture. Notice shall be
8provided in the manner and form as provided by the Department,
9the Department of Insurance, and the Authority, respectively.
10If an Authority issues a federal Form 8823 to the owner of a
11qualified development that has been awarded a credit under
12this Act, and an Authority has not been notified within 6
13months of filing the Form 8823 that the noncompliance has been
14remedied, an Authority shall submit the Form 8823 to the
15Department or Department of Insurance, as applicable. The
16amount of credit subject to recapture shall be proportionately
17equal to the amount of the qualified development's federal tax
18credits that are subject to recapture. If the project owner
19(or one of the project owner's direct or indirect members)
20fails to notify the Department or the Department of Insurance,
21as applicable, of any final determination of recapture of the
22federal tax credit, then the entire amount of the State tax
23credit awarded for the qualified development may be subject to
24recapture. The qualified taxpayer subject to recapture shall
25increase the qualified taxpayer's tax by the amount of any
26credit subject to recapture in the tax year the qualified

 

 

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1taxpayer is notified of the recapture. If multiple taxpayers
2claimed credit with respect to the building for which credit
3is to be recaptured, each of those taxpayers shall be liable
4for a portion of the recapture equal to the percentages of
5credit with respect to the building originally claimed by the
6taxpayer.
 
7    Section 25. Filing requirements. An owner of a qualified
8development that has been awarded a credit and each qualified
9taxpayer claiming any portion of the credit must file with
10their State tax returns a copy of the State credit eligibility
11statement issued by an Authority for that qualified
12development. In addition, the owner of a qualified development
13or its designee shall file a copy of the allocation schedule
14certification and reservation letter prior to any tax return
15being filed claiming a State credit for such qualified
16development. A qualified taxpayer receiving any allocated
17portion of a credit through a pass-through entity shall attach
18to its State tax return a copy of the Schedule K-1-P for that
19taxable year.
 
20    Section 30. Compliance monitoring. An Authority, in
21consultation with the Department and Department of Insurance,
22shall monitor and oversee compliance with the provisions of
23this Act and shall report specific occurrences of
24noncompliance to the Department and the Department of

 

 

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1Insurance in the manner and form as provided by the Department
2and the Department of Insurance. An Authority shall make every
3effort to monitor and report noncompliance using the same
4procedures used for compliance monitoring of the federal tax
5credits.
 
6    Section 35. Report to the General Assembly.
7    (a) Each Authority must, by March 31, 2027 and by March 31
8of each year thereafter, provide a written report to the
9General Assembly and must publish that report on its website.
10    (b) The report shall:
11        (1) set forth the number of qualified developments
12    that have been awarded tax credits under this Act during
13    the calendar year and the total number of units supported
14    by each qualified development;
15        (2) describe each qualified development that has been
16    awarded tax credits under this Act, including, without
17    limitation, the geographic location of the qualified
18    development, the household type, the income levels
19    intended to be served by the qualified development, and
20    the rents or set-asides authorized for each qualified
21    development;
22        (3) provide housing market information that
23    demonstrates how the qualified developments supported by
24    the tax credits are addressing the need for affordable
25    housing within the communities they are intended to serve

 

 

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1    as well as information about any remaining disparities in
2    the affordability of housing within those communities; and
3        (4) provide information about the percentage of
4    qualified developments that were awarded credits and that
5    received incentive scoring points as a result of the
6    general contractor, property manager, architect, or
7    sponsor being certified under the Business Enterprise
8    Program for Minorities, Females, and Persons with a
9    Disability.
 
10    Section 900. The Illinois Income Tax Act is amended by
11adding Section 246 as follows:
 
12    (35 ILCS 5/246 new)
13    Sec. 246. Build Illinois Homes Tax Credit Act.
14    (a) For taxable years beginning on or after January 1,
152026 and until the expiration of the program under the Build
16Illinois Homes Tax Credit Act, any eligible taxpayer with
17respect to a credit awarded in accordance with the Build
18Illinois Homes Tax Credit Act that is named on an allocation
19schedule certification for a particular tax year is entitled
20to a credit against the taxes imposed by subsections (a) and
21(b) of Section 201 as provided in the Build Illinois Homes Tax
22Credit Act.
23    (b) The taxpayer shall attach a copy of the allocation
24schedule certification and the State credit eligibility

 

 

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1certificate issued under the Build Illinois Homes Tax Credit
2Act to the tax return on which the credits are to be claimed.
3    (c) If, during any taxable year, a taxpayer is notified of
4a final determination that a credit previously claimed on a
5State income tax return in accordance with 26 U.S.C. 42 has
6been recaptured, the tax imposed under subsections (a) and (b)
7of Section 201 for that taxpayer for that taxable year shall be
8increased. The amount of the increase shall be determined by
9(i) recomputing the Build Illinois Homes Tax Credit that would
10have been allowed for the year in which the credit was
11originally allowed by eliminating the recaptured amount from
12such computation and (ii) subtracting that recomputed credit
13from the amount of credit previously allowed. No Build
14Illinois Homes Tax Credit shall be allowed with respect to any
15credit subject to a final determination of recapture for any
16taxable year ending after the issuance of a recapture notice.
 
17    Section 905. The Illinois Insurance Code is amended by
18changing Sections 409 and 444 as follows:
 
19    (215 ILCS 5/409)  (from Ch. 73, par. 1021)
20    Sec. 409. Annual privilege tax payable by companies.
21    (1) As of January 1, 1999 for all health maintenance
22organization premiums written; as of July 1, 1998 for all
23premiums written as accident and health business, voluntary
24health service plan business, dental service plan business, or

 

 

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1limited health service organization business; and as of
2January 1, 1998 for all other types of insurance premiums
3written, every company doing any form of insurance business in
4this State, including, but not limited to, every risk
5retention group, and excluding all fraternal benefit
6societies, all farm mutual companies, all religious charitable
7risk pooling trusts, and excluding all statutory residual
8market and special purpose entities in which companies are
9statutorily required to participate, whether incorporated or
10otherwise, shall pay, for the privilege of doing business in
11this State, to the Director for the State treasury a State tax
12equal to 0.5% of the net taxable premium written, together
13with any amounts due under Section 444 of this Code, except
14that the tax to be paid on any premium derived from any
15accident and health insurance or on any insurance business
16written by any company operating as a health maintenance
17organization, voluntary health service plan, dental service
18plan, or limited health service organization shall be equal to
190.4% of such net taxable premium written, together with any
20amounts due under Section 444. Upon the failure of any company
21to pay any such tax due, the Director may, by order, revoke or
22suspend the company's certificate of authority after giving 20
23days written notice to the company, or commence proceedings
24for the suspension of business in this State under the
25procedures set forth by Section 401.1 of this Code. The gross
26taxable premium written shall be the gross amount of premiums

 

 

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1received on direct business during the calendar year on
2contracts covering risks in this State, except premiums on
3annuities, premiums on which State premium taxes are
4prohibited by federal law, premiums paid by the State for
5health care coverage for Medicaid eligible insureds as
6described in Section 5-2 of the Illinois Public Aid Code,
7premiums paid for health care services included as an element
8of tuition charges at any university or college owned and
9operated by the State of Illinois, premiums on group insurance
10contracts under the State Employees Group Insurance Act of
111971, and except premiums for deferred compensation plans for
12employees of the State, units of local government, or school
13districts. The net taxable premium shall be the gross taxable
14premium written reduced only by the following:
15        (a) the amount of premiums returned thereon which
16    shall be limited to premiums returned during the same
17    preceding calendar year and shall not include the return
18    of cash surrender values or death benefits on life
19    policies including annuities;
20        (b) dividends on such direct business that have been
21    paid in cash, applied in reduction of premiums or left to
22    accumulate to the credit of policyholders or annuitants.
23    In the case of life insurance, no deduction shall be made
24    for the payment of deferred dividends paid in cash to
25    policyholders on maturing policies; dividends left to
26    accumulate to the credit of policyholders or annuitants

 

 

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1    shall be included as gross taxable premium written when
2    such dividend accumulations are applied to purchase
3    paid-up insurance or to shorten the endowment or premium
4    paying period.
5    (2) The annual privilege tax payment due from a company
6under subsection (4) of this Section may be reduced by: (a) the
7excess amount, if any, by which the aggregate income taxes
8paid by the company, on a cash basis, for the preceding
9calendar year under Sections 601 and 803 of the Illinois
10Income Tax Act exceed 1.5% of the company's net taxable
11premium written for that prior calendar year, as determined
12under subsection (1) of this Section; and (b) the amount of any
13fire department taxes paid by the company during the preceding
14calendar year under Section 11-10-1 of the Illinois Municipal
15Code. Any deductible amount or offset allowed under items (a)
16and (b) of this subsection for any calendar year will not be
17allowed as a deduction or offset against the company's
18privilege tax liability for any other taxing period or
19calendar year.
20    (3) If a company survives or was formed by a merger,
21consolidation, reorganization, or reincorporation, the
22premiums received and amounts returned or paid by all
23companies party to the merger, consolidation, reorganization,
24or reincorporation shall, for purposes of determining the
25amount of the tax imposed by this Section, be regarded as
26received, returned, or paid by the surviving or new company.

 

 

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1    (4)(a) All companies subject to the provisions of this
2Section shall make an annual return for the preceding calendar
3year on or before March 15 setting forth such information on
4such forms as the Director may reasonably require. Payments of
5quarterly installments of the taxpayer's total estimated tax
6for the current calendar year shall be due on or before April
715, June 15, September 15, and December 15 of such year, except
8that all companies transacting insurance in this State whose
9annual tax for the immediately preceding calendar year was
10less than $5,000 shall make only an annual return. Failure of a
11company to make the annual payment, or to make the quarterly
12payments, if required, of at least 25% of either (i) the total
13tax paid during the previous calendar year or (ii) 80% of the
14actual tax for the current calendar year shall subject it to
15the penalty provisions set forth in Section 412 of this Code.
16    (b) Notwithstanding the foregoing provisions, no annual
17return shall be required or made on March 15, 1998, under this
18subsection. For the calendar year 1998:
19        (i) each health maintenance organization shall have no
20    estimated tax installments;
21        (ii) all companies subject to the tax as of July 1,
22    1998 as set forth in subsection (1) shall have estimated
23    tax installments due on September 15 and December 15 of
24    1998 which installments shall each amount to no less than
25    one-half of 80% of the actual tax on its net taxable
26    premium written during the period July 1, 1998, through

 

 

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1    December 31, 1998; and
2        (iii) all other companies shall have estimated tax
3    installments due on June 15, September 15, and December 15
4    of 1998 which installments shall each amount to no less
5    than one-third of 80% of the actual tax on its net taxable
6    premium written during the calendar year 1998.
7    In the year 1999 and thereafter all companies shall make
8annual and quarterly installments of their estimated tax as
9provided by paragraph (a) of this subsection.
10    (5) In addition to the authority specifically granted
11under Article XXV of this Code, the Director shall have such
12authority to adopt rules and establish forms as may be
13reasonably necessary for purposes of determining the
14allocation of Illinois corporate income taxes paid under
15subsections (a) through (d) of Section 201 of the Illinois
16Income Tax Act amongst members of a business group that files
17an Illinois corporate income tax return on a unitary basis,
18for purposes of regulating the amendment of tax returns, for
19purposes of defining terms, and for purposes of enforcing the
20provisions of Article XXV of this Code. The Director shall
21also have authority to defer, waive, or abate the tax imposed
22by this Section if in his opinion the company's solvency and
23ability to meet its insured obligations would be immediately
24threatened by payment of the tax due.
25    (6) This Section is subject to the provisions of Section
2610 of the New Markets Development Program Act.

 

 

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1    (7) This Section is subject to the provisions of the Build
2Illinois Homes Tax Credit Act.
3(Source: P.A. 97-813, eff. 7-13-12; 98-1169, eff. 1-9-15.)
 
4    (215 ILCS 5/444)  (from Ch. 73, par. 1056)
5    Sec. 444. Retaliation.
6    (1) Whenever the existing or future laws of any other
7state or country shall require of companies incorporated or
8organized under the laws of this State as a condition
9precedent to their doing business in such other state or
10country, compliance with laws, rules, regulations, and
11prohibitions more onerous or burdensome than the rules and
12regulations imposed by this State on foreign or alien
13companies, or shall require any deposit of securities or other
14obligations in such state or country, for the protection of
15policyholders or otherwise or require of such companies or
16agents thereof or brokers the payment of penalties, fees,
17charges, or taxes greater than the penalties, fees, charges,
18or taxes required in the aggregate for like purposes by this
19Code or any other law of this State, of foreign or alien
20companies, agents thereof or brokers, then such laws, rules,
21regulations, and prohibitions of said other state or country
22shall apply to companies incorporated or organized under the
23laws of such state or country doing business in this State, and
24all such companies, agents thereof, or brokers doing business
25in this State, shall be required to make deposits, pay

 

 

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1penalties, fees, charges, and taxes, in amounts equal to those
2required in the aggregate for like purposes of Illinois
3companies doing business in such state or country, agents
4thereof or brokers. Whenever any other state or country shall
5refuse to permit any insurance company incorporated or
6organized under the laws of this State to transact business
7according to its usual plan in such other state or country, the
8director may, if satisfied that such company of this State is
9solvent, properly managed, and can operate legally under the
10laws of such other state or country, forthwith suspend or
11cancel the license of every insurance company doing business
12in this State which is incorporated or organized under the
13laws of such other state or country to the extent that it
14insures in this State against any of the risks or hazards which
15are sought to be insured against by the company of this State
16in such other state or country.
17    (2) The provisions of this Section shall not apply to
18residual market or special purpose assessments or guaranty
19fund or guaranty association assessments, both under the laws
20of this State and under the laws of any other state or country,
21and any tax offset or credit for any such assessment shall, for
22purposes of this Section, be treated as a tax paid both under
23the laws of this State and under the laws of any other state or
24country.
25    (3) The terms "penalties", "fees", "charges", and "taxes"
26in subsection (1) of this Section shall include: the

 

 

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1penalties, fees, charges, and taxes collected on a cash basis
2under State law and referenced within Article XXV exclusive of
3any items referenced by subsection (2) of this Section, but
4including any tax offset allowed under Section 531.13 of this
5Code; the aggregate Illinois corporate income taxes paid under
6Sections 601 and 803 of the Illinois Income Tax Act during the
7calendar year for which the retaliatory tax calculation is
8being made, less the recapture of any Illinois corporate
9income tax cash refunds to the extent that the amount of tax
10refunded was reported as part of the Illinois basis in the
11calculation of the retaliatory tax for a prior tax year,
12provided that such recaptured refund shall not exceed the
13amount necessary for equivalence of the Illinois basis with
14the state of incorporation basis in such tax year, and after
15any tax offset allowed under Section 531.13 of this Code;
16income or personal property taxes imposed by other states or
17countries; penalties, fees, charges, and taxes of other states
18or countries imposed for purposes like those of the penalties,
19fees, charges, and taxes specified in Article XXV of this Code
20exclusive of any item referenced in subsection (2) of this
21Section; and any penalties, fees, charges, and taxes required
22as a franchise, privilege, or licensing tax for conducting the
23business of insurance whether calculated as a percentage of
24income, gross receipts, premium, or otherwise.
25    (4) Nothing contained in this Section or Section 409 or
26Section 444.1 is intended to authorize or expand any power of

 

 

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1local governmental units or municipalities to impose taxes,
2fees, or charges.
3    (5) This Section is subject to the provisions of Section
410 of the New Markets Development Program Act.
5    (6) This Section is subject to the provisions of the Build
6Illinois Homes Tax Credit Act.
7(Source: P.A. 98-1169, eff. 1-9-15.)
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.