State of Illinois
92nd General Assembly
Legislation

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92_HB2474

 
                                               LRB9206684SMks

 1        AN ACT concerning 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 Sections 213 and 214 as follows:

 6        (35 ILCS 5/213 new)
 7        Sec.  213.  Small business tax credit.  For taxable years
 8    ending on or  after  December  31,  2001  and  on  or  before
 9    December  30,  2006,  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 5/214 new)
28        Sec. 214. Farm loan tax credit.  For taxable years ending
29    on or after December 31, 2001 and on or before  December  30,
30    2006,  every  individual  taxpayer  is entitled to claim as a
 
                            -2-                LRB9206684SMks
 1    credit against the tax imposed by subsections (a) and (b)  of
 2    Section  201  any  amount  paid as a required fee to obtain a
 3    guaranteed loan under the rural development loan  program  or
 4    the  farm  service  loan  program  administered by the United
 5    States Department of Agriculture.  The credit may be  applied
 6    to  the  tax year in which the required fee was paid.  If the
 7    amount of the credit exceeds the tax liability for the  year,
 8    the  excess  may  be  carried  forward and applied to the tax
 9    liability of the 4 taxable years following the excess  credit
10    year.   The  credit  shall  be claimable only by the taxpayer
11    that is the primary obligor in the financing transaction  and
12    that actually paid the required fee.

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

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