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91_HB3931 LRB9112068SMmb 1 AN ACT to amend the Illinois Income Tax Act by changing 2 Section 210. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Income Tax Act is amended by 6 changing Section 210 as follows: 7 (35 ILCS 5/210) 8 Sec. 210. Child care facility construction and expansion 9Dependent care assistance programtax credit. 10 (a) Beginning with tax years ending on or after June 30, 11 1995 and ending with tax years ending on or before December 12 30, 2000, each taxpayer who is primarily engaged in 13 manufacturing is entitled to a credit against the tax imposed 14 by subsections (a) and (b) of Section 201 in an amount equal 15 to 5% of the amount of expenditures by the taxpayer in the 16 tax year for which the credit is claimed, reported pursuant 17 to Section 129(d)(7) of the Internal Revenue Code, to provide 18 in the Illinois premises of the taxpayer's workplace an 19 on-site facility dependent care assistance program under 20 Section 129 of the Internal Revenue Code. 21 (a-5) For taxable years 2000 and thereafter, each 22 taxpayer is entitled to a credit against the tax imposed by 23 subsections (a) and (b) of Section 201 in an amount equal to 24 5% of the amount of expenditures by the taxpayer for the 25 benefit of the taxpayer's employees during the tax year to 26 provide an on-site child care facility, to expand a current 27 child care facility, to train child care workers, to pay the 28 entire cost of an off-site child care facility, and to pay 29 child care referral costs incurred on behalf of the 30 taxpayer's employees. This subsection is exempt from the 31 provisions of Section 250. -2- LRB9112068SMmb 1 (b) If the amount of credit exceeds the tax liability 2 for the year, the excess may be carried forward and applied 3 to the tax liability of the 2 taxable years following the 4 excess credit year. The credit shall be applied to the 5 earliest year for which there is a tax liability. If there 6 are credits from more than one tax year that are available to 7 offset a liability, the earlier credit shall be applied 8 first. 9 (c) A taxpayer claiming the credit provided by 10 subsection (a)this Sectionshall maintain and record such 11 information as the Department may require by regulation 12 regarding the dependent care assistance program for which 13 credit is claimed. When claiming the credit provided by 14 subsection (a)this Section, the taxpayer shall provide such 15 information regarding the taxpayer's provision of a dependent 16 care assistance program under Section 129 of the Internal 17 Revenue Code. 18 (d) A taxpayer claiming the credit provided in 19 subsection (a-5) shall maintain and record such information 20 as the Department may require by regulation regarding the 21 child care services for which this credit is claimed. 22 (Source: P.A. 88-505.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.