HB2263eng 96TH GENERAL ASSEMBLY

HB2263 Engrossed LRB096 08412 RCE 18525 b

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Income Tax Act is amended by adding Section 218 as follows:

(35 ILCS 5/218 new)

Sec. 218. Elderly caregiver tax credit.

(a) For each tax year beginning on or after January 1, 2010, an individual taxpayer who is an eligible elderly caregiver is entitled to a credit against tax imposed by subsections (a) and (b) of Section 201 in an amount equal to 20% of the total amount expended for qualified caregiving expenses in the tax year for which the credit is claimed. The amount of the credit may not exceed $300.

(b) The tax credit may not exceed the taxpayer's liability. If the amount of the tax credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the taxable year following the excess credit year.

(c) The eligible elderly caregiver claiming a credit under this Section shall retain any required physician certification of disability and other information that the Department may require and shall make that certification and other required information available to the Department upon request.

(d) As used in this Section:

(1) "Eligible elderly caregiver" means an individual who:

(A) cares for an elderly person, age 60 or older, who: is related by blood, marriage, or adoption; is unable to attend to his or her daily needs without the assistance or regular supervision of a caregiver due to mental or physical impairment, as certified by a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987; under no circumstances, is able or allowed to operate a motor vehicle; and does not receive funding or services through Medicaid or social services block grant funding;

(B) lives in the same residence as the elderly person meeting the requirements described in item (A) for an aggregate of more than 6 months during the tax year; and

(C) does not receive monetary compensation for providing care for the elderly person meeting the requirements of item (A).

(2) "Qualified caregiving expenses" means payments by the eligible elderly caregiver for personal care attendant services and health care equipment and supplies that have been determined to be medically necessary by a physician and that are:

(A) provided to the elderly person; and

(B) purchased or obtained from an organization or individual not related to the eligible elderly caregiver or the elderly person.

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