State of Illinois
91st General Assembly
Legislation

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91_HB4135

 
                                              LRB9111993SMdvB

 1        AN  ACT  to  amend  the Illinois Income Tax Act by adding
 2    Sections 212 and 213.

 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 Sections 212 and 213 as follows:

 7        (35 ILCS 5/212 new)
 8        Sec. 212.  Small business tax credit.  For taxable  years
 9    2000  through  2004,  every  small  business operating within
10    Illinois is entitled to claim as a  credit  against  the  tax
11    imposed  by subsections (a) and (b) of Section 201 any amount
12    paid to the United States Small Business Administration as  a
13    required  fee  pursuant  to  the  obtaining of Small Business
14    Administration  guaranteed  financing.   The  credit  may  be
15    applied to the tax year in which the required fee  was  paid.
16    If the amount of the credit exceeds the tax liability for the
17    year,  the  excess  may be carried forward and applied to the
18    tax liability of the 4 taxable  years  following  the  excess
19    credit year.  The credit shall be claimable only by the small
20    business  that  is  the  primary  obligor  in  the  financing
21    transaction  and  that  actually  paid the required fee.  For
22    purposes  of  this  Section,  "small  business"   means   any
23    corporation,   partnership,  sole  proprietorship,  or  other
24    business entity qualifying as  "small"  under  the  standards
25    contained  in  Part  121  of  Title 13 of the Code of Federal
26    Regulations (13 C.F.R. 121).

27        (35 ILCS 5/213 new)
28        Sec. 213. Farm loan tax credit.  For taxable  years  2000
29    through  2004, every individual taxpayer is entitled to claim
30    as a credit against the tax imposed by  subsections  (a)  and
 
                            -2-               LRB9111993SMdvB
 1    (b)  of  Section  201  any  amount  paid as a required fee to
 2    obtain a guaranteed loan under  the  rural  development  loan
 3    program  or the farm service loan program administered by the
 4    United States Department of Agriculture.  The credit  may  be
 5    applied  to  the tax year in which the required fee was paid.
 6    If the amount of the credit exceeds the tax liability for the
 7    year, the excess may be carried forward and  applied  to  the
 8    tax  liability  of  the  4 taxable years following the excess
 9    credit year.  The credit  shall  be  claimable  only  by  the
10    taxpayer  that  is  the  primary  obligor  in  the  financing
11    transaction and that actually paid the required fee.

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

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