HB5335 96TH GENERAL ASSEMBLY

LRB096 19301 HLH 34692 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5335

Introduced 2/5/2010, by Rep. Maria Antonia Berrios

SYNOPSIS AS INTRODUCED:

35 ILCS 10/5-45

Amends the Economic Development for a Growing Economy Tax Credit Act. Provides that the recipient of a credit under the Act may apply for a certificate of transferability of credit from the Department of Commerce and Economic Opportunity for the amount of the credit not previously claimed. Provides that the transferability certificate may be transferred or sold by the recipient to another Illinois taxpayer. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Economic Development for a Growing Economy Tax Credit Act is amended by changing Section 5-45 as follows:

(35 ILCS 10/5-45)

Sec. 5-45. Amount and duration of the credit.

(a) The Department shall determine the amount and duration of the credit awarded under this Act. The duration of the credit may not exceed 10 taxable years. The credit may be stated as a percentage of the Incremental Income Tax attributable to the applicant's project and may include a fixed dollar limitation.

(b) Notwithstanding subsection (a), and except as the credit may be applied in a carryover year pursuant to Section 211(4) of the Illinois Income Tax Act, the credit may be applied against the State income tax liability in more than 10 taxable years but not in more than 15 taxable years for an eligible business that (i) qualifies under this Act and the Corporate Headquarters Relocation Act and has in fact undertaken a qualifying project within the time frame specified by the Department of Commerce and Economic Opportunity under that Act, and (ii) applies against its State income tax liability, during the entire 15-year period, no more than 60% of the maximum credit per year that would otherwise be available under this Act.

(c) Notwithstanding subsection (a) or (b), a recipient of a credit may request a certificate of transferability of credit from the Department for the amount of credit not previously claimed. A transferability certificate so issued may be transferred or sold by the recipient to another Illinois taxpayer. Transferors and sellers shall submit to the Department of Revenue a notification of any transfer or sale of tax credits within 30 days after the transfer or sale of those tax credits. The notification, which shall be in the form prescribed by the Department, shall include the transferor's tax credit balance prior to transfer, the credit certificate number, the identifying number of the EDGE agreement, the transferor's remaining tax credit balance after transfer, all tax identification numbers for both transferor and transferee, the date of transfer, the amount transferred, a copy of the credit certificate, and any other information required by the Department of Revenue. The transfer or sale of the credit does not extend the time in which the credit can be used. The carry forward period for a credit that is transferred or sold begins on the date on which the credit was originally granted by the Department. To the extent the transferor did not have rights to claim or use the credit at the time of the transfer or sale, the Department of Revenue shall either disallow the credit claimed by the transferee or recapture the credit from the transferee through any collection method authorized by statute. In such case, the transferee's recourse is against the transferor.

(Source: P.A. 94-793, eff. 5-19-06.)