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92_HB2094 LRB9204387SMdv 1 AN ACT in relation to taxation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Income Tax Act is amended by 5 adding Section 213 as follows: 6 (35 ILCS 5/213 new) 7 Sec. 213. Health care tax credit. 8 (a) For tax years ending on or after December 31, 2001 9 and ending on or before December 31, 2005, each taxpayer that 10 is a small business is entitled to a credit against the tax 11 imposed by subsections (a) and (b) of Section 201 in an 12 amount equal to the amount of expenditures for health care 13 insurance for its employees made by the taxpayer in the tax 14 year for which the credit is claimed. 15 (b) For the purposes of this Section, "small business" 16 means any corporation, partnership, proprietorship, or other 17 business entity with 25 or fewer employees. 18 (c) In no event shall a credit under this Section reduce 19 the taxpayer's liability to less than zero. If the amount of 20 the credit exceeds the tax liability for the year, the excess 21 may be carried forward and applied to the tax liability of 22 the 5 taxable years following the excess credit. The credit 23 shall be applied to the earliest year for which there is a 24 tax liability. If there are credits from more than one tax 25 year that are available to offset a liability, the earlier 26 credit shall be applied first. 27 (d) A taxpayer claiming the credit provided by this 28 Section shall maintain and record any information that the 29 Department may require, by rule, regarding the health care 30 insurance expenditures for which the credit is claimed. -2- LRB9204387SMdv 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.