State of Illinois
91st General Assembly
Legislation

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91_SB0225

 
                                               LRB9100583PTpk

 1        AN ACT to amend the Illinois Income Tax Act  by  changing
 2    Section 204.

 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 204 as follows:

 7        (35 ILCS 5/204) (from Ch. 120, par. 2-204)
 8        Sec. 204.  Standard Exemption.
 9        (a)  Allowance  of  exemption.  In  computing  net income
10    under this Act, there shall be allowed as  an  exemption  the
11    sum  of the amounts determined under subsections (b), (c) and
12    (d), multiplied by a fraction the numerator of which  is  the
13    amount  of the taxpayer's base income allocable to this State
14    for the taxable year and the  denominator  of  which  is  the
15    taxpayer's total base income for the taxable year.
16        (b)  Basic  amount.  For the purpose of subsection (a) of
17    this Section, except as provided by subsection (a) of Section
18    205 and in this subsection, each taxpayer shall be allowed  a
19    basic  amount of $1000, except that for individuals the basic
20    amount shall be:
21             (1)  for taxable years ending on or  after  December
22        31, 1998 and prior to December 31, 1999, $1,300;
23             (2)  for  taxable  years ending on or after December
24        31, 1999 and prior to December 31, 2000, $1,650;
25             (3)  for taxable years ending on or  after  December
26        31, 2000, $2,000.
27    For  taxable  years  ending  on or after December 31, 1992, a
28    taxpayer whose Illinois base income exceeds the basic  amount
29    and  who  is  claimed  as a dependent on another person's tax
30    return under the Internal Revenue Code of 1986 shall  not  be
31    allowed   any  basic  amount  under  this  subsection.    The
 
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 1    provisions of Section 250 shall not apply to  the  amendments
 2    made by this amendatory Act of 1998.
 3        (c)  Additional amount for individuals. In the case of an
 4    individual  taxpayer,  there shall be allowed for the purpose
 5    of subsection (a), in addition to the basic  amount  provided
 6    by subsection (b), an additional exemption equal to the basic
 7    amount  for each exemption in excess of one allowable to such
 8    individual taxpayer for the taxable year under Section 151 of
 9    the Internal Revenue Code.  The  provisions  of  Section  250
10    shall not apply to the amendments made by this amendatory Act
11    of 1998.
12        (d)  Additional exemptions for an individual taxpayer and
13    his or her spouse.  In the case of an individual taxpayer and
14    his or her spouse, he or she shall each be allowed additional
15    exemptions as follows:
16             (1)  Additional  exemption for taxpayer or spouse 65
17        years of age or older.
18                  (A)  For taxpayer.  An additional exemption  of
19             $1,000  for  the  taxpayer if he or she has attained
20             the age of 65 before the end of  the  taxable  year,
21             except that the additional exemption shall be:
22                       (i)  For  taxable years ending on or after
23                  December 31, 1999 and  prior  to  December  31,
24                  2000, $1,650.
25                       (ii)  For taxable years ending on or after
26                  December 31, 2000, $2,000.
27                  (B)  For  spouse  when  a  joint  return is not
28             filed.  An additional exemption of  $1,000  for  the
29             spouse of the taxpayer if a joint return is not made
30             by  the  taxpayer  and his spouse, and if the spouse
31             has attained the age of 65 before the  end  of  such
32             taxable  year,  and,  for the calendar year in which
33             the taxable year of  the  taxpayer  begins,  has  no
34             gross  income  and  is  not the dependent of another
 
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 1             taxpayer, except that the additional exemption shall
 2             be:
 3                       (i)  For taxable years ending on or  after
 4                  December  31,  1999  and  prior to December 31,
 5                  2000, $1,650.
 6                       (ii)  For taxable years ending on or after
 7                  December 31, 2000, $2,000.
 8             (2)  Additional exemption for blindness of  taxpayer
 9        or spouse.
10                  (A)  For  taxpayer.  An additional exemption of
11             $1,000 for the taxpayer if he or she is blind at the
12             end of the taxable year, except that the  additional
13             exemption shall be:
14                       (i)  For  taxable years ending on or after
15                  December 31, 1999 and  prior  to  December  31,
16                  2000, $1,650.
17                       (ii)  For taxable years ending on or after
18                  December 31, 2000, $2,000.
19                  (B)  For  spouse  when  a  joint  return is not
20             filed.  An additional exemption of  $1,000  for  the
21             spouse  of the taxpayer if a separate return is made
22             by the taxpayer, and if the spouse is blind and, for
23             the calendar year in which the taxable year  of  the
24             taxpayer  begins, has no gross income and is not the
25             dependent  of  another  taxpayer,  except  that  the
26             additional exemption shall be:
27                       (i)  For taxable years ending on or  after
28                  December  31,  1999  and  prior to December 31,
29                  2000, $1,650.
30                       (ii)  For taxable years ending on or after
31                  December 31, 2000, $2000.
32                  For   purposes   of   this    paragraph,    the
33             determination  of  whether the spouse is blind shall
34             be made as of the end of the  taxable  year  of  the
 
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 1             taxpayer; except that if the spouse dies during such
 2             taxable  year such determination shall be made as of
 3             the time of such death.
 4                  (C)  Blindness defined.  For purposes  of  this
 5             subsection,  an  individual  is blind only if his or
 6             her central visual acuity does not exceed 20/200  in
 7             the  better eye with correcting lenses, or if his or
 8             her visual acuity is  greater  than  20/200  but  is
 9             accompanied  by a limitation in the fields of vision
10             such that the widest diameter of the  visual  fields
11             subtends an angle no greater than 20 degrees.
12        (e)  Cross  reference.  See  Article  3 for the manner of
13    determining base income allocable to this State.
14        (f)  Application of Section 250.  Section  250  does  not
15    apply  to  the  amendments to this Section made by Public Act
16    90-613 or this amendatory Act of 1999.
17    (Source: P.A. 90-613, eff. 7-9-98; revised 8-12-98.)

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

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