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91_SB0864
LRB9102753PTtm
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 204.
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 204 as follows:
7 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
8 Sec. 204. Standard Exemption.
9 (a) Allowance of exemption. In computing net income
10 under this Act, there shall be allowed as an exemption the
11 sum of the amounts determined under subsections (b), (c) and
12 (d), multiplied by a fraction the numerator of which is the
13 amount of the taxpayer's base income allocable to this State
14 for the taxable year and the denominator of which is the
15 taxpayer's total base income for the taxable year.
16 (b) Basic amount. For the purpose of subsection (a) of
17 this Section, except as provided by subsection (a) of Section
18 205 and in this subsection, each taxpayer shall be allowed a
19 basic amount of $1000, except that for individuals the basic
20 amount shall be:
21 (1) for taxable years ending on or after December
22 31, 1998 and prior to December 31, 1999, $1,300;
23 (2) for taxable years ending on or after December
24 31, 1999 and prior to December 31, 2000, $1,650;
25 (3) for taxable years ending on or after December
26 31, 2000, $2,000, subject to adjustment. The Department
27 of Revenue must adjust the basic amount of the exemption
28 to reflect the increase calculated by the provisions of
29 this paragraph. After the Department computes the total
30 dollar amount for the immediately preceding taxable year
31 of tax credits, deductions, or exemptions for corporate
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1 taxpayers that were allowed under this Act due to laws
2 that became effective during the second year preceding
3 the current taxable year, that total dollar amount shall
4 be divided by the number of taxpayers that were allowed
5 the basic amount of the exemption under this subsection
6 in the immediately preceding taxable year. The amount of
7 the quotient shall be added to the basic amount of the
8 exemption allowed for each taxpayer for the taxable year.
9
10 For taxable years ending on or after December 31, 1992, a
11 taxpayer whose Illinois base income exceeds the basic amount
12 and who is claimed as a dependent on another person's tax
13 return under the Internal Revenue Code of 1986 shall not be
14 allowed any basic amount under this subsection. The
15 provisions of Section 250 shall not apply to the amendments
16 made by this amendatory Act of 1998.
17 (c) Additional amount for individuals. In the case of an
18 individual taxpayer, there shall be allowed for the purpose
19 of subsection (a), in addition to the basic amount provided
20 by subsection (b), an additional exemption equal to the basic
21 amount for each exemption in excess of one allowable to such
22 individual taxpayer for the taxable year under Section 151 of
23 the Internal Revenue Code. The provisions of Section 250
24 shall not apply to the amendments made by this amendatory Act
25 of 1998.
26 (d) Additional exemptions for an individual taxpayer and
27 his or her spouse. In the case of an individual taxpayer and
28 his or her spouse, he or she shall each be allowed additional
29 exemptions as follows:
30 (1) Additional exemption for taxpayer or spouse 65
31 years of age or older.
32 (A) For taxpayer. An additional exemption of
33 $1,000 for the taxpayer if he or she has attained
34 the age of 65 before the end of the taxable year.
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1 (B) For spouse when a joint return is not
2 filed. An additional exemption of $1,000 for the
3 spouse of the taxpayer if a joint return is not made
4 by the taxpayer and his spouse, and if the spouse
5 has attained the age of 65 before the end of such
6 taxable year, and, for the calendar year in which
7 the taxable year of the taxpayer begins, has no
8 gross income and is not the dependent of another
9 taxpayer.
10 (2) Additional exemption for blindness of taxpayer
11 or spouse.
12 (A) For taxpayer. An additional exemption of
13 $1,000 for the taxpayer if he or she is blind at the
14 end of the taxable year.
15 (B) For spouse when a joint return is not
16 filed. An additional exemption of $1,000 for the
17 spouse of the taxpayer if a separate return is made
18 by the taxpayer, and if the spouse is blind and, for
19 the calendar year in which the taxable year of the
20 taxpayer begins, has no gross income and is not the
21 dependent of another taxpayer. For purposes of this
22 paragraph, the determination of whether the spouse
23 is blind shall be made as of the end of the taxable
24 year of the taxpayer; except that if the spouse dies
25 during such taxable year such determination shall be
26 made as of the time of such death.
27 (C) Blindness defined. For purposes of this
28 subsection, an individual is blind only if his or
29 her central visual acuity does not exceed 20/200 in
30 the better eye with correcting lenses, or if his or
31 her visual acuity is greater than 20/200 but is
32 accompanied by a limitation in the fields of vision
33 such that the widest diameter of the visual fields
34 subtends an angle no greater than 20 degrees.
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1 (e) Cross reference. See Article 3 for the manner of
2 determining base income allocable to this State.
3 (f) Application of Section 250. Section 250 does not
4 apply to the amendments to this Section made by Public Act
5 90-613 or by this amendatory Act of the 91st General
6 Assembly.
7 (Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.)