State of Illinois
91st General Assembly
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91_HB3931

 
                                               LRB9112068SMmb

 1        AN ACT to amend the Illinois Income Tax Act  by  changing
 2    Section 210.

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

 5        Section 5.  The Illinois Income Tax  Act  is  amended  by
 6    changing Section 210 as follows:

 7        (35 ILCS 5/210)
 8        Sec.  210. Child care facility construction and expansion
 9    Dependent care assistance program tax credit.
10        (a)  Beginning with tax years ending on or after June 30,
11    1995 and ending with tax years ending on or  before  December
12    30,   2000,   each  taxpayer  who  is  primarily  engaged  in
13    manufacturing is entitled to a credit against the tax imposed
14    by subsections (a) and (b) of Section 201 in an amount  equal
15    to  5%  of  the amount of expenditures by the taxpayer in the
16    tax year for which the credit is claimed,  reported  pursuant
17    to Section 129(d)(7) of the Internal Revenue Code, to provide
18    in  the  Illinois  premises  of  the  taxpayer's workplace an
19    on-site facility  dependent  care  assistance  program  under
20    Section 129 of the Internal Revenue Code.
21        (a-5)  For   taxable  years  2000  and  thereafter,  each
22    taxpayer is entitled to a credit against the tax  imposed  by
23    subsections  (a) and (b) of Section 201 in an amount equal to
24    5% of the amount of expenditures  by  the  taxpayer  for  the
25    benefit  of  the  taxpayer's employees during the tax year to
26    provide an on-site child care facility, to expand  a  current
27    child care facility, to  train child care workers, to pay the
28    entire  cost  of  an off-site child care facility, and to pay
29    child  care  referral  costs  incurred  on  behalf   of   the
30    taxpayer's  employees.   This  subsection  is exempt from the
31    provisions of Section 250.
 
                            -2-                LRB9112068SMmb
 1        (b)  If the amount of credit exceeds  the  tax  liability
 2    for  the  year, the excess may be carried forward and applied
 3    to the tax liability of the 2  taxable  years  following  the
 4    excess  credit  year.  The  credit  shall  be  applied to the
 5    earliest year for which there is a tax  liability.  If  there
 6    are credits from more than one tax year that are available to
 7    offset  a  liability,  the  earlier  credit  shall be applied
 8    first.
 9        (c)  A  taxpayer  claiming   the   credit   provided   by
10    subsection  (a)  this  Section shall maintain and record such
11    information as  the  Department  may  require  by  regulation
12    regarding  the  dependent  care  assistance program for which
13    credit is claimed.  When  claiming  the  credit  provided  by
14    subsection  (a) this Section, the taxpayer shall provide such
15    information regarding the taxpayer's provision of a dependent
16    care assistance program under Section  129  of  the  Internal
17    Revenue Code.
18        (d)    A   taxpayer   claiming  the  credit  provided  in
19    subsection (a-5) shall maintain and record  such  information
20    as  the  Department  may  require by regulation regarding the
21    child care services for which this credit is claimed.
22    (Source: P.A. 88-505.)

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

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