Illinois General Assembly - Full Text of Public Act 097-0652
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Public Act 097-0652


 

Public Act 0652 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0652
 
SB0400 EnrolledLRB097 04212 HLH 44251 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
changing Sections 204 and 212 as follows:
 
    (35 ILCS 5/204)  (from Ch. 120, par. 2-204)
    Sec. 204. Standard Exemption.
    (a) Allowance of exemption. In computing net income under
this Act, there shall be allowed as an exemption the sum of the
amounts determined under subsections (b), (c) and (d),
multiplied by a fraction the numerator of which is the amount
of the taxpayer's base income allocable to this State for the
taxable year and the denominator of which is the taxpayer's
total base income for the taxable year.
    (b) Basic amount. For the purpose of subsection (a) of this
Section, except as provided by subsection (a) of Section 205
and in this subsection, each taxpayer shall be allowed a basic
amount of $1000, except that for corporations the basic amount
shall be zero for tax years ending on or after December 31,
2003, and for individuals the basic amount shall be:
        (1) for taxable years ending on or after December 31,
    1998 and prior to December 31, 1999, $1,300;
        (2) for taxable years ending on or after December 31,
    1999 and prior to December 31, 2000, $1,650;
        (3) for taxable years ending on or after December 31,
    2000 and prior to December 31, 2012, $2,000; .
        (4) for taxable years ending on or after December 31,
    2012 and prior to December 31, 2013, $2,050;
        (5) for taxable years ending on or after December 31,
    2013, $2,050 plus the cost-of-living adjustment under
    subsection (d-5).
For taxable years ending on or after December 31, 1992, a
taxpayer whose Illinois base income exceeds the basic amount
and who is claimed as a dependent on another person's tax
return under the Internal Revenue Code shall not be allowed any
basic amount under this subsection.
    (c) Additional amount for individuals. In the case of an
individual taxpayer, there shall be allowed for the purpose of
subsection (a), in addition to the basic amount provided by
subsection (b), an additional exemption equal to the basic
amount for each exemption in excess of one allowable to such
individual taxpayer for the taxable year under Section 151 of
the Internal Revenue Code.
    (d) Additional exemptions for an individual taxpayer and
his or her spouse. In the case of an individual taxpayer and
his or her spouse, he or she shall each be allowed additional
exemptions as follows:
        (1) Additional exemption for taxpayer or spouse 65
    years of age or older.
            (A) For taxpayer. An additional exemption of
        $1,000 for the taxpayer if he or she has attained the
        age of 65 before the end of the taxable year.
            (B) For spouse when a joint return is not filed. An
        additional exemption of $1,000 for the spouse of the
        taxpayer if a joint return is not made by the taxpayer
        and his spouse, and if the spouse has attained the age
        of 65 before the end of such taxable year, and, for the
        calendar year in which the taxable year of the taxpayer
        begins, has no gross income and is not the dependent of
        another taxpayer.
        (2) Additional exemption for blindness of taxpayer or
    spouse.
            (A) For taxpayer. An additional exemption of
        $1,000 for the taxpayer if he or she is blind at the
        end of the taxable year.
            (B) For spouse when a joint return is not filed. An
        additional exemption of $1,000 for the spouse of the
        taxpayer if a separate return is made by the taxpayer,
        and if the spouse is blind and, for the calendar year
        in which the taxable year of the taxpayer begins, has
        no gross income and is not the dependent of another
        taxpayer. For purposes of this paragraph, the
        determination of whether the spouse is blind shall be
        made as of the end of the taxable year of the taxpayer;
        except that if the spouse dies during such taxable year
        such determination shall be made as of the time of such
        death.
            (C) Blindness defined. For purposes of this
        subsection, an individual is blind only if his or her
        central visual acuity does not exceed 20/200 in the
        better eye with correcting lenses, or if his or her
        visual acuity is greater than 20/200 but is accompanied
        by a limitation in the fields of vision such that the
        widest diameter of the visual fields subtends an angle
        no greater than 20 degrees.
    (d-5) Cost-of-living adjustment. For purposes of item (5)
of subsection (b), the cost-of-living adjustment for any
calendar year and for taxable years ending prior to the end of
the subsequent calendar year is equal to $2,050 times the
percentage (if any) by which:
        (1) the Consumer Price Index for the preceding calendar
    year, exceeds
        (2) the Consumer Price Index for the calendar year
    2011.
    The Consumer Price Index for any calendar year is the
average of the Consumer Price Index as of the close of the
12-month period ending on August 31 of that calendar year.
    The term "Consumer Price Index" means the last Consumer
Price Index for All Urban Consumers published by the United
States Department of Labor or any successor agency.
    If any cost-of-living adjustment is not a multiple of $25,
that adjustment shall be rounded to the next lowest multiple of
$25.
    (e) Cross reference. See Article 3 for the manner of
determining base income allocable to this State.
    (f) Application of Section 250. Section 250 does not apply
to the amendments to this Section made by Public Act 90-613.
(Source: P.A. 97-507, eff. 8-23-11.)
 
    (35 ILCS 5/212)
    Sec. 212. Earned income tax credit.
    (a) With respect to the federal earned income tax credit
allowed for the taxable year under Section 32 of the federal
Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer
is entitled to a credit against the tax imposed by subsections
(a) and (b) of Section 201 in an amount equal to (i) 5% of the
federal tax credit for each taxable year beginning on or after
January 1, 2000 and ending prior to December 31, 2012, (ii)
7.5% of the federal tax credit for each taxable year beginning
on or after January 1, 2012 and ending prior to December 31,
2013, and (iii) 10% of the federal tax credit for each taxable
year beginning on or after January 1, 2013.
    For a non-resident or part-year resident, the amount of the
credit under this Section shall be in proportion to the amount
of income attributable to this State.
    (b) For taxable years beginning before January 1, 2003, in
no event shall a credit under this Section reduce the
taxpayer's liability to less than zero. For each taxable year
beginning on or after January 1, 2003, if the amount of the
credit exceeds the income tax liability for the applicable tax
year, then the excess credit shall be refunded to the taxpayer.
The amount of a refund shall not be included in the taxpayer's
income or resources for the purposes of determining eligibility
or benefit level in any means-tested benefit program
administered by a governmental entity unless required by
federal law.
    (c) This Section is exempt from the provisions of Section
250.
(Source: P.A. 95-333, eff. 8-21-07.)

Effective Date: 6/1/2012