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91_HB3853 LRB9112866SMdv 1 AN ACT to amend the Illinois Income Tax Act by adding 2 Section 210.5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Income Tax Act is amended by 6 adding Section 210.5 as follows: 7 (35 ILCS 5/210.5 new) 8 Sec. 210.5. Tax credit for employee child care. 9 (a) For taxable years 2000 through 2004, each corporate 10 taxpayer is entitled to a credit against the tax imposed by 11 subsections (a) and (b) of Section 201 in an amount equal to 12 (i) 30% of the start-up costs expended by the corporate 13 taxpayer to provide a child care facility for the children of 14 its employees and (ii) 5% of the annual amount paid or 15 expenses incurred by the corporate taxpayer in providing the 16 child care facility for the children of its employees. If 17 the 5% credit authorized under item (ii) of this subsection 18 is claimed, the 5% credit authorized under Section 210 cannot 19 also be claimed. 20 To receive the tax credit under this Section a corporate 21 taxpayer may either independently provide and operate a child 22 care facility for the children of its employees or it may 23 join in a partnership with one or more other corporations to 24 jointly provide and operate a child care facility for the 25 children of employees of the corporations in the partnership. 26 (b) The tax credit may not reduce the taxpayer's 27 liability to less than zero. If the amount of the tax credit 28 exceeds the tax liability for the year, the excess may be 29 carried forward and applied to the tax liability of the 5 30 taxable years following the excess credit year. The credit 31 must be applied to the earliest year for which there is a tax -2- LRB9112866SMdv 1 liability. If there are credits from more than one tax year 2 that are available to offset a liability, then the earlier 3 credit must be applied first. 4 (c) As used in this Section, "start-up costs" means 5 planning, site-preparation, construction, renovation, or 6 acquisition of a child care facility. 7 (d) A corporate taxpayer claiming the credit provided by 8 this Section shall maintain and record such information as 9 the Department may require by rule regarding the child care 10 facility for which the credit is claimed. 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.