HB5549 EngrossedLRB097 20473 HLH 66001 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Illinois Income Tax Act is amended by
5changing Sections 509 and 509.1 as follows:
 
6    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
7    Sec. 509. Tax checkoff explanations. All individual income
8tax return forms shall contain appropriate explanations and
9spaces to enable the taxpayers to designate contributions to
10the funds to which contributions may be made under this Article
115.
12    Each form shall contain a statement that the contributions
13will reduce the taxpayer's refund or increase the amount of
14payment to accompany the return. Failure to remit any amount of
15increased payment shall reduce the contribution accordingly.
16    If, on October 1 of any year, the total contributions to
17any one of the funds made under this Article 5 do not equal
18$100,000 or more, the explanations and spaces for designating
19contributions to the fund shall be removed from the individual
20income tax return forms for the following and all subsequent
21years and all subsequent contributions to the fund shall be
22refunded to the taxpayer. This contribution requirement does
23not apply to the Diabetes Research Checkoff Fund checkoff

 

 

HB5549 Engrossed- 2 -LRB097 20473 HLH 66001 b

1contained in Section 507GG of this Act.
2(Source: P.A. 95-331, eff. 8-21-07; 95-434, eff. 8-27-07;
395-435, eff. 8-27-07; 95-940, eff. 8-29-08; 96-328, eff.
48-11-09.)
 
5    (35 ILCS 5/509.1)
6    Sec. 509.1. Removal of excess tax-checkoff funds.
7Notwithstanding any provisions of this Act to the contrary,
8beginning on the effective date of this amendatory Act of the
995th General Assembly, there may not be more than 15
10tax-checkoff funds contained on the individual tax return form
11at any one time. Each year, the Department shall determine
12whether the sum of (i) the number of new tax-checkoff funds
13created by the General Assembly during that year plus (ii) the
14number of tax-checkoff funds that collected at least $100,000
15during the previous year exceeds 15. If so, then the Department
16shall remove a number of tax-checkoff funds that were on the
17return during the previous year that is equal to the sum of
18items (i) and (ii) minus 15, starting with the tax-checkoff
19fund that received the least amount of contributions and
20working upward until a sufficient number of funds have been
21removed.
22    For taxable years ending on or after December 31, 2012, the
23Diabetes Research Checkoff Fund checkoff contained in Section
24507GG of this Act shall be included on the individual tax
25return form notwithstanding the provisions of this Section. The

 

 

HB5549 Engrossed- 3 -LRB097 20473 HLH 66001 b

1Diabetes Research Checkoff Fund checkoff shall not be included
2when calculating the 15 tax-checkoff fund limitation set forth
3in this Section.
4(Source: P.A. 95-435, eff. 8-27-07.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.