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92nd General Assembly

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Public Act 92-0244

SB52 Enrolled                                  LRB9202839SMdv

    AN ACT concerning taxation.

    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 Section 203 as follows:

    (35 ILCS 5/203) (from Ch. 120, par. 2-203)
    Sec. 203.  Base income defined.
    (a)  Individuals.
         (1)  In general.  In the case of an individual, base
    income means an amount equal to the  taxpayer's  adjusted
    gross   income  for  the  taxable  year  as  modified  by
    paragraph (2).
         (2)  Modifications.   The  adjusted   gross   income
    referred  to in paragraph (1) shall be modified by adding
    thereto the sum of the following amounts:
              (A)  An amount equal to  all  amounts  paid  or
         accrued  to  the  taxpayer  as interest or dividends
         during the taxable year to the extent excluded  from
         gross  income  in  the computation of adjusted gross
         income, except stock dividends of  qualified  public
         utilities   described   in  Section  305(e)  of  the
         Internal Revenue Code;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  adjusted  gross
         income for the taxable year;
              (C)  An  amount  equal  to  the amount received
         during the taxable year as a recovery or  refund  of
         real   property  taxes  paid  with  respect  to  the
         taxpayer's principal residence under the Revenue Act
         of 1939 and for which  a  deduction  was  previously
         taken  under  subparagraph (L) of this paragraph (2)
         prior to July 1, 1991, the retrospective application
         date of Article 4 of Public Act 87-17.  In the  case
         of  multi-unit  or  multi-use  structures  and  farm
         dwellings,  the  taxes  on  the taxpayer's principal
         residence shall be that portion of the  total  taxes
         for  the  entire  property  which is attributable to
         such principal residence;
              (D)  An amount  equal  to  the  amount  of  the
         capital  gain deduction allowable under the Internal
         Revenue Code, to  the  extent  deducted  from  gross
         income in the computation of adjusted gross income;
              (D-5)  An amount, to the extent not included in
         adjusted  gross income, equal to the amount of money
         withdrawn by the taxpayer in the taxable year from a
         medical care savings account and the interest earned
         on the account in the taxable year of  a  withdrawal
         pursuant  to  subsection  (b)  of  Section 20 of the
         Medical Care Savings Account Act or  subsection  (b)
         of  Section  20  of the Medical Care Savings Account
         Act of 2000; and
              (D-10)  For taxable years ending after December
         31,  1997,  an  amount   equal   to   any   eligible
         remediation  costs  that  the individual deducted in
         computing adjusted gross income and  for  which  the
         individual  claims  a credit under subsection (l) of
         Section 201;
    and by deducting from the total so obtained  the  sum  of
    the following amounts:
              (E)  For  taxable  years ending before December
         31, 2001, any  amount  included  in  such  total  in
         respect  of  any  compensation  (including  but  not
         limited  to  any  compensation  paid or accrued to a
         serviceman while a prisoner of  war  or  missing  in
         action)  paid  to  a  resident by reason of being on
         active duty in the Armed Forces of the United States
         and in respect of any compensation paid  or  accrued
         to  a  resident who as a governmental employee was a
         prisoner of war or missing in action, and in respect
         of any compensation paid to a resident  in  1971  or
         thereafter for annual training performed pursuant to
         Sections  502  and 503, Title 32, United States Code
         as a member of  the  Illinois  National  Guard.  For
         taxable  years ending on or after December 31, 2001,
         any amount included in such total in respect of  any
         compensation  (including  but  not  limited  to  any
         compensation paid or accrued to a serviceman while a
         prisoner  of  war  or  missing  in action) paid to a
         resident  by  reason  of  being  a  member  of   any
         component  of  the Armed Forces of the United States
         and in respect of any compensation paid  or  accrued
         to  a  resident who as a governmental employee was a
         prisoner of war or missing in action, and in respect
         of any compensation paid to a resident  in  2001  or
         thereafter  by  reason  of  being  a  member  of the
         Illinois National  Guard.  The  provisions  of  this
         amendatory  Act  of  the  92nd  General Assembly are
         exempt from the provisions of Section 250;
              (F)  An amount equal to all amounts included in
         such total pursuant to the  provisions  of  Sections
         402(a),  402(c), 403(a), 403(b), 406(a), 407(a), and
         408 of the Internal Revenue  Code,  or  included  in
         such  total as distributions under the provisions of
         any retirement or disability plan for  employees  of
         any  governmental  agency  or  unit,  or  retirement
         payments  to  retired  partners,  which payments are
         excluded  in  computing  net  earnings   from   self
         employment  by  Section 1402 of the Internal Revenue
         Code and regulations adopted pursuant thereto;
              (G)  The valuation limitation amount;
              (H)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (I)  An amount equal to all amounts included in
         such total pursuant to the provisions of Section 111
         of  the Internal Revenue Code as a recovery of items
         previously deducted from adjusted  gross  income  in
         the computation of taxable income;
              (J)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act, and conducts substantially  all
         of its operations in an Enterprise Zone or zones;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (J) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (K);
              (L)  For  taxable  years  ending after December
         31, 1983, an amount equal  to  all  social  security
         benefits  and  railroad retirement benefits included
         in such total pursuant to Sections 72(r) and  86  of
         the Internal Revenue Code;
              (M)  With   the   exception   of   any  amounts
         subtracted under subparagraph (N), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i)  Sections  171(a)  (2),  and  265(2)  of  the
         Internal  Revenue  Code of 1954, as now or hereafter
         amended, and all amounts of  expenses  allocable  to
         interest  and   disallowed  as deductions by Section
         265(1) of the Internal Revenue Code of 1954, as  now
         or  hereafter  amended;  and  (ii) for taxable years
         ending  on  or  after  August  13,  1999,   Sections
         171(a)(2),  265,  280C,  and  832(b)(5)(B)(i) of the
         Internal  Revenue  Code;  the  provisions  of   this
         subparagraph  are  exempt  from  the  provisions  of
         Section 250;
              (N)  An amount equal to all amounts included in
         such  total  which  are exempt from taxation by this
         State  either  by  reason   of   its   statutes   or
         Constitution  or  by  reason  of  the  Constitution,
         treaties  or statutes of the United States; provided
         that, in the case of any statute of this State  that
         exempts   income   derived   from   bonds  or  other
         obligations from the tax imposed under this Act, the
         amount exempted shall be the interest  net  of  bond
         premium amortization;
              (O)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the Tax Increment Allocation Redevelopment Act;
              (P)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986;
              (Q)  An amount equal to any amounts included in
         such  total,  received  by  the   taxpayer   as   an
         acceleration  in  the  payment of life, endowment or
         annuity benefits in advance of the time  they  would
         otherwise  be payable as an indemnity for a terminal
         illness;
              (R)  An amount  equal  to  the  amount  of  any
         federal  or  State  bonus  paid  to  veterans of the
         Persian Gulf War;
              (S)  An  amount,  to  the  extent  included  in
         adjusted gross income, equal  to  the  amount  of  a
         contribution  made  in the taxable year on behalf of
         the taxpayer  to  a  medical  care  savings  account
         established  under  the Medical Care Savings Account
         Act or the Medical Care Savings Account Act of  2000
         to  the  extent  the contribution is accepted by the
         account administrator as provided in that Act;
              (T)  An  amount,  to  the  extent  included  in
         adjusted  gross  income,  equal  to  the  amount  of
         interest earned in the taxable  year  on  a  medical
         care  savings  account established under the Medical
         Care Savings Account Act or the Medical Care Savings
         Account Act of 2000 on behalf of the taxpayer, other
         than interest added pursuant to item (D-5)  of  this
         paragraph (2);
              (U)  For one taxable year beginning on or after
         January 1, 1994, an amount equal to the total amount
         of  tax  imposed  and paid under subsections (a) and
         (b) of Section 201 of  this  Act  on  grant  amounts
         received  by  the  taxpayer  under  the Nursing Home
         Grant Assistance Act during the  taxpayer's  taxable
         years 1992 and 1993;
              (V)  Beginning  with  tax  years  ending  on or
         after December 31, 1995 and ending  with  tax  years
         ending  on  or  before  December 31, 2004, an amount
         equal to the amount paid by  a  taxpayer  who  is  a
         self-employed  taxpayer, a partner of a partnership,
         or a shareholder in a Subchapter S  corporation  for
         health  insurance  or  long-term  care insurance for
         that  taxpayer  or   that   taxpayer's   spouse   or
         dependents,  to  the extent that the amount paid for
         that health insurance or  long-term  care  insurance
         may  be  deducted  under Section 213 of the Internal
         Revenue Code of 1986, has not been deducted  on  the
         federal  income tax return of the taxpayer, and does
         not exceed the taxable income attributable  to  that
         taxpayer's   income,   self-employment   income,  or
         Subchapter S  corporation  income;  except  that  no
         deduction  shall  be  allowed under this item (V) if
         the taxpayer  is  eligible  to  participate  in  any
         health insurance or long-term care insurance plan of
         an  employer  of  the  taxpayer  or  the  taxpayer's
         spouse.   The  amount  of  the  health insurance and
         long-term care insurance subtracted under this  item
         (V)  shall be determined by multiplying total health
         insurance and long-term care insurance premiums paid
         by the taxpayer times a number that  represents  the
         fractional  percentage  of eligible medical expenses
         under Section 213 of the Internal  Revenue  Code  of
         1986 not actually deducted on the taxpayer's federal
         income tax return;
              (W)  For  taxable  years  beginning on or after
         January  1,  1998,  all  amounts  included  in   the
         taxpayer's  federal gross income in the taxable year
         from amounts converted from a regular IRA to a  Roth
         IRA. This paragraph is exempt from the provisions of
         Section 250; and
              (X)  For  taxable  year 1999 and thereafter, an
         amount equal to the amount of any (i) distributions,
         to the extent includible in gross income for federal
         income tax purposes, made to the taxpayer because of
         his or her status as a  victim  of  persecution  for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime or as an heir of  the  victim  and
         (ii)  items  of  income, to the extent includible in
         gross  income  for  federal  income  tax   purposes,
         attributable  to, derived from or in any way related
         to assets stolen from,  hidden  from,  or  otherwise
         lost  to  a  victim  of  persecution  for  racial or
         religious reasons by Nazi Germany or any other  Axis
         regime immediately prior to, during, and immediately
         after  World  War II, including, but not limited to,
         interest on the  proceeds  receivable  as  insurance
         under policies issued to a victim of persecution for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime by  European  insurance  companies
         immediately  prior  to  and  during  World  War  II;
         provided,  however,  this  subtraction  from federal
         adjusted gross  income  does  not  apply  to  assets
         acquired  with such assets or with the proceeds from
         the sale of such  assets;  provided,  further,  this
         paragraph shall only apply to a taxpayer who was the
         first  recipient of such assets after their recovery
         and who is a victim of  persecution  for  racial  or
         religious  reasons by Nazi Germany or any other Axis
         regime or as an heir of the victim.  The  amount  of
         and  the  eligibility  for  any  public  assistance,
         benefit,  or  similar entitlement is not affected by
         the  inclusion  of  items  (i)  and  (ii)  of   this
         paragraph  in  gross  income  for federal income tax
         purposes.    This  paragraph  is  exempt  from   the
         provisions of Section 250.

    (b)  Corporations.
         (1)  In general.  In the case of a corporation, base
    income  means  an  amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
         (2)  Modifications.  The taxable income referred  to
    in  paragraph (1) shall be modified by adding thereto the
    sum of the following amounts:
              (A)  An amount equal to  all  amounts  paid  or
         accrued   to   the  taxpayer  as  interest  and  all
         distributions  received  from  regulated  investment
         companies during the  taxable  year  to  the  extent
         excluded  from  gross  income  in the computation of
         taxable income;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  taxable  income
         for the taxable year;
              (C)  In  the  case  of  a  regulated investment
         company, an amount equal to the excess  of  (i)  the
         net  long-term  capital  gain  for the taxable year,
         over (ii) the amount of the capital  gain  dividends
         designated   as  such  in  accordance  with  Section
         852(b)(3)(C) of the Internal Revenue  Code  and  any
         amount  designated under Section 852(b)(3)(D) of the
         Internal Revenue Code, attributable to  the  taxable
         year (this amendatory Act of 1995 (Public Act 89-89)
         is  declarative  of  existing  law  and is not a new
         enactment);
              (D)  The  amount  of  any  net  operating  loss
         deduction taken in arriving at taxable income, other
         than a net operating loss  carried  forward  from  a
         taxable year ending prior to December 31, 1986;
              (E)  For taxable years in which a net operating
         loss  carryback  or carryforward from a taxable year
         ending prior to December 31, 1986 is an  element  of
         taxable income under paragraph (1) of subsection (e)
         or  subparagraph  (E) of paragraph (2) of subsection
         (e), the  amount  by  which  addition  modifications
         other  than  those provided by this subparagraph (E)
         exceeded subtraction modifications in  such  earlier
         taxable year, with the following limitations applied
         in the order that they are listed:
                   (i)  the addition modification relating to
              the  net operating loss carried back or forward
              to the  taxable  year  from  any  taxable  year
              ending  prior  to  December  31,  1986 shall be
              reduced by the amount of addition  modification
              under  this  subparagraph  (E) which related to
              that net operating loss  and  which  was  taken
              into  account in calculating the base income of
              an earlier taxable year, and
                   (ii)  the addition  modification  relating
              to  the  net  operating  loss  carried  back or
              forward to the taxable year  from  any  taxable
              year  ending  prior  to December 31, 1986 shall
              not exceed the  amount  of  such  carryback  or
              carryforward;
              For  taxable  years  in  which  there  is a net
         operating loss carryback or carryforward  from  more
         than one other taxable year ending prior to December
         31, 1986, the addition modification provided in this
         subparagraph  (E)  shall  be  the sum of the amounts
         computed   independently   under    the    preceding
         provisions  of  this  subparagraph (E) for each such
         taxable year; and
              (E-5)  For taxable years ending after  December
         31,   1997,   an   amount   equal  to  any  eligible
         remediation costs that the corporation  deducted  in
         computing  adjusted  gross  income and for which the
         corporation claims a credit under subsection (l)  of
         Section 201;
    and  by  deducting  from the total so obtained the sum of
    the following amounts:
              (F)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (G)  An  amount equal to any amount included in
         such total under Section 78 of the Internal  Revenue
         Code;
              (H)  In  the  case  of  a  regulated investment
         company, an amount equal to  the  amount  of  exempt
         interest  dividends as defined in subsection (b) (5)
         of Section 852 of the Internal Revenue Code, paid to
         shareholders for the taxable year;
              (I)  With  the   exception   of   any   amounts
         subtracted  under  subparagraph (J), an amount equal
         to the sum of all amounts disallowed  as  deductions
         by  (i)  Sections  171(a)  (2),  and  265(a)(2)  and
         amounts  disallowed  as  interest expense by Section
         291(a)(3) of the Internal Revenue Code,  as  now  or
         hereafter  amended,  and  all  amounts  of  expenses
         allocable  to  interest and disallowed as deductions
         by Section 265(a)(1) of the Internal  Revenue  Code,
         as  now  or  hereafter amended; and (ii) for taxable
         years ending on or after August 13,  1999,  Sections
         171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
         of the Internal Revenue Code; the provisions of this
         subparagraph  are  exempt  from  the  provisions  of
         Section 250;
              (J)  An amount equal to all amounts included in
         such  total  which  are exempt from taxation by this
         State  either  by  reason   of   its   statutes   or
         Constitution  or  by  reason  of  the  Constitution,
         treaties  or statutes of the United States; provided
         that, in the case of any statute of this State  that
         exempts   income   derived   from   bonds  or  other
         obligations from the tax imposed under this Act, the
         amount exempted shall be the interest  net  of  bond
         premium amortization;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act and conducts  substantially  all
         of its operations in an Enterprise Zone or zones;
              (L)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (K)  of  paragraph 2 of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (L);
              (M)  For  any  taxpayer  that  is  a  financial
         organization within the meaning of Section 304(c) of
         this Act,  an  amount  included  in  such  total  as
         interest  income  from  a loan or loans made by such
         taxpayer to a borrower, to the extent  that  such  a
         loan  is  secured  by property which is eligible for
         the Enterprise Zone Investment Credit.  To determine
         the portion of a loan or loans that  is  secured  by
         property   eligible  for  a  Section  201(f)  201(h)
         investment  credit  to  the  borrower,  the   entire
         principal  amount  of  the loan or loans between the
         taxpayer and the borrower should be divided into the
         basis of the Section 201(f) 201(h) investment credit
         property which secures the loan or loans, using  for
         this  purpose the original basis of such property on
         the date that  it  was  placed  in  service  in  the
         Enterprise   Zone.    The  subtraction  modification
         available  to  taxpayer  in  any  year  under   this
         subsection  shall  be  that  portion  of  the  total
         interest  paid  by the borrower with respect to such
         loan  attributable  to  the  eligible  property   as
         calculated under the previous sentence;
              (M-1)  For  any  taxpayer  that  is a financial
         organization within the meaning of Section 304(c) of
         this Act,  an  amount  included  in  such  total  as
         interest  income  from  a loan or loans made by such
         taxpayer to a borrower, to the extent  that  such  a
         loan  is  secured  by property which is eligible for
         the High  Impact  Business  Investment  Credit.   To
         determine  the  portion  of  a loan or loans that is
         secured by property eligible for  a  Section  201(h)
         201(i) investment credit to the borrower, the entire
         principal  amount  of  the loan or loans between the
         taxpayer and the borrower should be divided into the
         basis of the Section 201(h) 201(i) investment credit
         property which secures the loan or loans, using  for
         this  purpose the original basis of such property on
         the  date  that  it  was  placed  in  service  in  a
         federally designated Foreign Trade Zone or  Sub-Zone
         located  in  Illinois.  No taxpayer that is eligible
         for the deduction provided in  subparagraph  (M)  of
         paragraph  (2)  of this subsection shall be eligible
         for the deduction provided under  this  subparagraph
         (M-1).   The  subtraction  modification available to
         taxpayers in any year under this subsection shall be
         that portion of  the  total  interest  paid  by  the
         borrower  with  respect to such loan attributable to
         the  eligible  property  as  calculated  under   the
         previous sentence;
              (N)  Two times any contribution made during the
         taxable  year  to  a designated zone organization to
         the extent that the contribution (i) qualifies as  a
         charitable  contribution  under  subsection  (c)  of
         Section  170  of  the Internal Revenue Code and (ii)
         must, by its terms, be used for a  project  approved
         by  the Department of Commerce and Community Affairs
         under Section 11 of  the  Illinois  Enterprise  Zone
         Act;
              (O)  An  amount  equal  to: (i) 85% for taxable
         years ending on or before December 31, 1992,  or,  a
         percentage  equal  to the percentage allowable under
         Section 243(a)(1) of the Internal  Revenue  Code  of
         1986  for  taxable  years  ending after December 31,
         1992, of the amount by which dividends  included  in
         taxable  income and received from a corporation that
         is not created or organized under the  laws  of  the
         United  States or any state or political subdivision
         thereof, including, for taxable years ending  on  or
         after  December  31,  1988,  dividends  received  or
         deemed   received  or  paid  or  deemed  paid  under
         Sections 951 through 964  of  the  Internal  Revenue
         Code, exceed the amount of the modification provided
         under  subparagraph  (G)  of  paragraph  (2) of this
         subsection (b) which is related to  such  dividends;
         plus  (ii)  100%  of  the amount by which dividends,
         included in taxable income and received,  including,
         for  taxable  years  ending on or after December 31,
         1988, dividends received or deemed received or  paid
         or deemed paid under Sections 951 through 964 of the
         Internal  Revenue  Code,  from  any such corporation
         specified in clause  (i)  that  would  but  for  the
         provisions  of  Section 1504 (b) (3) of the Internal
         Revenue  Code  be  treated  as  a  member   of   the
         affiliated   group   which   includes  the  dividend
         recipient, exceed the  amount  of  the  modification
         provided  under subparagraph (G) of paragraph (2) of
         this  subsection  (b)  which  is  related  to   such
         dividends;
              (P)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the Tax Increment Allocation Redevelopment Act;
              (Q)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986;
              (R)  In the case of  an  attorney-in-fact  with
         respect  to  whom  an  interinsurer  or a reciprocal
         insurer has made the election under Section  835  of
         the  Internal Revenue Code, 26 U.S.C. 835, an amount
         equal to the excess, if any, of the amounts paid  or
         incurred  by that interinsurer or reciprocal insurer
         in the taxable year to the attorney-in-fact over the
         deduction allowed to that interinsurer or reciprocal
         insurer with respect to the  attorney-in-fact  under
         Section  835(b) of the Internal Revenue Code for the
         taxable year; and
              (S)  For  taxable  years  ending  on  or  after
         December 31, 1997, in the case  of  a  Subchapter  S
         corporation,  an  amount  equal  to  all  amounts of
         income allocable to a  shareholder  subject  to  the
         Personal Property Tax Replacement Income Tax imposed
         by  subsections  (c)  and (d) of Section 201 of this
         Act, including amounts  allocable  to  organizations
         exempt  from federal income tax by reason of Section
         501(a)  of  the   Internal   Revenue   Code.    This
         subparagraph  (S)  is  exempt from the provisions of
         Section 250.
         (3)  Special rule.  For purposes  of  paragraph  (2)
    (A),  "gross  income"  in  the  case  of a life insurance
    company, for tax years ending on and after  December  31,
    1994,  shall  mean  the  gross  investment income for the
    taxable year.

    (c)  Trusts and estates.
         (1)  In general.  In the case of a trust or  estate,
    base  income  means  an  amount  equal  to the taxpayer's
    taxable income  for  the  taxable  year  as  modified  by
    paragraph (2).
         (2)  Modifications.   Subject  to  the provisions of
    paragraph  (3),  the  taxable  income  referred   to   in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
              (A)  An  amount  equal  to  all amounts paid or
         accrued to the taxpayer  as  interest  or  dividends
         during  the taxable year to the extent excluded from
         gross income in the computation of taxable income;
              (B)  In the case of (i) an estate, $600; (ii) a
         trust which,  under  its  governing  instrument,  is
         required  to distribute all of its income currently,
         $300; and (iii) any other trust, $100, but  in  each
         such  case,  only  to  the  extent  such  amount was
         deducted in the computation of taxable income;
              (C)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income in the computation  of  taxable  income
         for the taxable year;
              (D)  The  amount  of  any  net  operating  loss
         deduction taken in arriving at taxable income, other
         than  a  net  operating  loss carried forward from a
         taxable year ending prior to December 31, 1986;
              (E)  For taxable years in which a net operating
         loss carryback or carryforward from a  taxable  year
         ending  prior  to December 31, 1986 is an element of
         taxable income under paragraph (1) of subsection (e)
         or subparagraph (E) of paragraph (2)  of  subsection
         (e),  the  amount  by  which  addition modifications
         other than those provided by this  subparagraph  (E)
         exceeded  subtraction  modifications in such taxable
         year, with the following limitations applied in  the
         order that they are listed:
                   (i)  the addition modification relating to
              the  net operating loss carried back or forward
              to the  taxable  year  from  any  taxable  year
              ending  prior  to  December  31,  1986 shall be
              reduced by the amount of addition  modification
              under  this  subparagraph  (E) which related to
              that net operating loss  and  which  was  taken
              into  account in calculating the base income of
              an earlier taxable year, and
                   (ii)  the addition  modification  relating
              to  the  net  operating  loss  carried  back or
              forward to the taxable year  from  any  taxable
              year  ending  prior  to December 31, 1986 shall
              not exceed the  amount  of  such  carryback  or
              carryforward;
              For  taxable  years  in  which  there  is a net
         operating loss carryback or carryforward  from  more
         than one other taxable year ending prior to December
         31, 1986, the addition modification provided in this
         subparagraph  (E)  shall  be  the sum of the amounts
         computed   independently   under    the    preceding
         provisions  of  this  subparagraph (E) for each such
         taxable year;
              (F)  For  taxable  years  ending  on  or  after
         January 1, 1989, an amount equal to the tax deducted
         pursuant to Section 164 of the Internal Revenue Code
         if the trust or estate is claiming the same tax  for
         purposes  of  the  Illinois foreign tax credit under
         Section 601 of this Act;
              (G)  An amount  equal  to  the  amount  of  the
         capital  gain deduction allowable under the Internal
         Revenue Code, to  the  extent  deducted  from  gross
         income in the computation of taxable income; and
              (G-5)  For  taxable years ending after December
         31,  1997,  an  amount   equal   to   any   eligible
         remediation  costs that the trust or estate deducted
         in computing adjusted gross income and for which the
         trust or estate claims a credit under subsection (l)
         of Section 201;
    and by deducting from the total so obtained  the  sum  of
    the following amounts:
              (H)  An amount equal to all amounts included in
         such  total  pursuant  to the provisions of Sections
         402(a), 402(c), 403(a), 403(b), 406(a),  407(a)  and
         408 of the Internal Revenue Code or included in such
         total  as  distributions under the provisions of any
         retirement or disability plan for employees  of  any
         governmental  agency or unit, or retirement payments
         to retired partners, which payments are excluded  in
         computing  net  earnings  from  self  employment  by
         Section  1402  of  the  Internal  Revenue  Code  and
         regulations adopted pursuant thereto;
              (I)  The valuation limitation amount;
              (J)  An  amount  equal to the amount of any tax
         imposed by  this  Act  which  was  refunded  to  the
         taxpayer  and included in such total for the taxable
         year;
              (K)  An amount equal to all amounts included in
         taxable income as  modified  by  subparagraphs  (A),
         (B),  (C),  (D),  (E),  (F) and (G) which are exempt
         from taxation by this State either by reason of  its
         statutes   or  Constitution  or  by  reason  of  the
         Constitution, treaties or  statutes  of  the  United
         States; provided that, in the case of any statute of
         this State that exempts income derived from bonds or
         other  obligations  from  the tax imposed under this
         Act, the amount exempted shall be the  interest  net
         of bond premium amortization;
              (L)  With   the   exception   of   any  amounts
         subtracted under subparagraph (K), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i) Sections 171(a)  (2)  and  265(a)(2)  of  the
         Internal  Revenue Code, as now or hereafter amended,
         and all amounts of expenses  allocable  to  interest
         and  disallowed  as  deductions by Section 265(1) of
         the  Internal  Revenue  Code  of  1954,  as  now  or
         hereafter amended; and (ii) for taxable years ending
         on or after August  13,  1999,  Sections  171(a)(2),
         265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
         Revenue  Code;  the  provisions of this subparagraph
         are exempt from the provisions of Section 250;
              (M)  An  amount  equal   to   those   dividends
         included   in  such  total  which  were  paid  by  a
         corporation which conducts business operations in an
         Enterprise Zone or zones created under the  Illinois
         Enterprise  Zone  Act and conducts substantially all
         of its operations in an Enterprise Zone or Zones;
              (N)  An amount equal to any  contribution  made
         to  a  job  training project established pursuant to
         the Tax Increment Allocation Redevelopment Act;
              (O)  An  amount  equal   to   those   dividends
         included   in   such  total  that  were  paid  by  a
         corporation that conducts business operations  in  a
         federally  designated Foreign Trade Zone or Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located  in  Illinois;   provided   that   dividends
         eligible  for the deduction provided in subparagraph
         (M) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (O);
              (P)  An amount  equal  to  the  amount  of  the
         deduction  used  to  compute  the federal income tax
         credit for restoration of substantial  amounts  held
         under  claim  of right for the taxable year pursuant
         to Section 1341 of  the  Internal  Revenue  Code  of
         1986; and
              (Q)  For  taxable  year 1999 and thereafter, an
         amount equal to the amount of any (i) distributions,
         to the extent includible in gross income for federal
         income tax purposes, made to the taxpayer because of
         his or her status as a  victim  of  persecution  for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime or as an heir of  the  victim  and
         (ii)  items  of  income, to the extent includible in
         gross  income  for  federal  income  tax   purposes,
         attributable  to, derived from or in any way related
         to assets stolen from,  hidden  from,  or  otherwise
         lost  to  a  victim  of  persecution  for  racial or
         religious reasons by Nazi Germany or any other  Axis
         regime immediately prior to, during, and immediately
         after  World  War II, including, but not limited to,
         interest on the  proceeds  receivable  as  insurance
         under policies issued to a victim of persecution for
         racial  or  religious reasons by Nazi Germany or any
         other Axis regime by  European  insurance  companies
         immediately  prior  to  and  during  World  War  II;
         provided,  however,  this  subtraction  from federal
         adjusted gross  income  does  not  apply  to  assets
         acquired  with such assets or with the proceeds from
         the sale of such  assets;  provided,  further,  this
         paragraph shall only apply to a taxpayer who was the
         first  recipient of such assets after their recovery
         and who is a victim of  persecution  for  racial  or
         religious  reasons by Nazi Germany or any other Axis
         regime or as an heir of the victim.  The  amount  of
         and  the  eligibility  for  any  public  assistance,
         benefit,  or  similar entitlement is not affected by
         the  inclusion  of  items  (i)  and  (ii)  of   this
         paragraph  in  gross  income  for federal income tax
         purposes.  This  paragraph  is   exempt   from   the
         provisions of Section 250.
         (3)  Limitation.   The  amount  of  any modification
    otherwise required under  this  subsection  shall,  under
    regulations  prescribed by the Department, be adjusted by
    any amounts included therein which  were  properly  paid,
    credited,  or  required to be distributed, or permanently
    set aside for charitable purposes pursuant   to  Internal
    Revenue Code Section 642(c) during the taxable year.

    (d)  Partnerships.
         (1)  In  general. In the case of a partnership, base
    income means an amount equal to  the  taxpayer's  taxable
    income for the taxable year as modified by paragraph (2).
         (2)  Modifications.  The  taxable income referred to
    in paragraph (1) shall be modified by adding thereto  the
    sum of the following amounts:
              (A)  An  amount  equal  to  all amounts paid or
         accrued to the taxpayer  as  interest  or  dividends
         during  the taxable year to the extent excluded from
         gross income in the computation of taxable income;
              (B)  An amount  equal  to  the  amount  of  tax
         imposed  by  this  Act  to  the extent deducted from
         gross income for the taxable year;
              (C)  The amount of deductions  allowed  to  the
         partnership  pursuant  to  Section  707  (c)  of the
         Internal Revenue Code  in  calculating  its  taxable
         income; and
              (D)  An  amount  equal  to  the  amount  of the
         capital gain deduction allowable under the  Internal
         Revenue  Code,  to  the  extent  deducted from gross
         income in the computation of taxable income;
    and by deducting from the total so obtained the following
    amounts:
              (E)  The valuation limitation amount;
              (F)  An amount equal to the amount of  any  tax
         imposed  by  this  Act  which  was  refunded  to the
         taxpayer and included in such total for the  taxable
         year;
              (G)  An amount equal to all amounts included in
         taxable  income  as  modified  by subparagraphs (A),
         (B), (C) and (D) which are exempt from  taxation  by
         this  State  either  by  reason  of  its statutes or
         Constitution  or  by  reason  of  the  Constitution,
         treaties or statutes of the United States;  provided
         that,  in the case of any statute of this State that
         exempts  income  derived   from   bonds   or   other
         obligations from the tax imposed under this Act, the
         amount  exempted  shall  be the interest net of bond
         premium amortization;
              (H)  Any  income  of  the   partnership   which
         constitutes  personal  service  income as defined in
         Section 1348 (b) (1) of the  Internal  Revenue  Code
         (as  in  effect  December  31, 1981) or a reasonable
         allowance  for  compensation  paid  or  accrued  for
         services rendered by partners  to  the  partnership,
         whichever is greater;
              (I)  An  amount  equal to all amounts of income
         distributable to an entity subject to  the  Personal
         Property  Tax  Replacement  Income  Tax  imposed  by
         subsections  (c)  and (d) of Section 201 of this Act
         including  amounts  distributable  to  organizations
         exempt from federal income tax by reason of  Section
         501(a) of the Internal Revenue Code;
              (J)  With   the   exception   of   any  amounts
         subtracted under subparagraph (G), an  amount  equal
         to  the  sum of all amounts disallowed as deductions
         by (i)  Sections  171(a)  (2),  and  265(2)  of  the
         Internal  Revenue  Code of 1954, as now or hereafter
         amended, and all amounts of  expenses  allocable  to
         interest  and  disallowed  as  deductions by Section
         265(1) of the  Internal  Revenue  Code,  as  now  or
         hereafter amended; and (ii) for taxable years ending
         on  or  after  August  13, 1999, Sections 171(a)(2),
         265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
         Revenue Code; the provisions  of  this  subparagraph
         are exempt from the provisions of Section 250;
              (K)  An   amount   equal   to  those  dividends
         included  in  such  total  which  were  paid  by   a
         corporation which conducts business operations in an
         Enterprise  Zone or zones created under the Illinois
         Enterprise Zone Act, enacted  by  the  82nd  General
         Assembly, and which does not conduct such operations
         other than in an Enterprise Zone or Zones;
              (L)  An  amount  equal to any contribution made
         to a job training project  established  pursuant  to
         the   Real   Property   Tax   Increment   Allocation
         Redevelopment Act;
              (M)  An   amount   equal   to  those  dividends
         included  in  such  total  that  were  paid   by   a
         corporation  that  conducts business operations in a
         federally designated Foreign Trade Zone or  Sub-Zone
         and  that  is  designated  a  High  Impact  Business
         located   in   Illinois;   provided  that  dividends
         eligible for the deduction provided in  subparagraph
         (K) of paragraph (2) of this subsection shall not be
         eligible  for  the  deduction  provided  under  this
         subparagraph (M); and
              (N)  An  amount  equal  to  the  amount  of the
         deduction used to compute  the  federal  income  tax
         credit  for  restoration of substantial amounts held
         under claim of right for the taxable  year  pursuant
         to  Section  1341  of  the  Internal Revenue Code of
         1986.

    (e)  Gross income; adjusted gross income; taxable income.
         (1)  In  general.   Subject  to  the  provisions  of
    paragraph (2) and subsection (b)  (3),  for  purposes  of
    this  Section  and  Section  803(e),  a  taxpayer's gross
    income, adjusted gross income, or taxable income for  the
    taxable  year  shall  mean  the  amount  of gross income,
    adjusted  gross  income  or   taxable   income   properly
    reportable  for  federal  income  tax  purposes  for  the
    taxable year under the provisions of the Internal Revenue
    Code.  Taxable income may be less than zero. However, for
    taxable years ending on or after December 31,  1986,  net
    operating  loss  carryforwards  from taxable years ending
    prior to December 31, 1986, may not  exceed  the  sum  of
    federal  taxable  income  for the taxable year before net
    operating loss deduction, plus  the  excess  of  addition
    modifications  over  subtraction  modifications  for  the
    taxable year.  For taxable years ending prior to December
    31, 1986, taxable income may never be an amount in excess
    of the net operating loss for the taxable year as defined
    in subsections (c) and (d) of Section 172 of the Internal
    Revenue  Code,  provided  that  when  taxable income of a
    corporation (other  than  a  Subchapter  S  corporation),
    trust,   or   estate  is  less  than  zero  and  addition
    modifications, other than those provided by  subparagraph
    (E)  of  paragraph (2) of subsection (b) for corporations
    or subparagraph (E) of paragraph (2)  of  subsection  (c)
    for trusts and estates, exceed subtraction modifications,
    an   addition  modification  must  be  made  under  those
    subparagraphs for any other taxable  year  to  which  the
    taxable  income  less  than  zero (net operating loss) is
    applied under Section 172 of the Internal Revenue Code or
    under  subparagraph  (E)  of  paragraph   (2)   of   this
    subsection (e) applied in conjunction with Section 172 of
    the Internal Revenue Code.
         (2)  Special rule.  For purposes of paragraph (1) of
    this  subsection,  the taxable income properly reportable
    for federal income tax purposes shall mean:
              (A)  Certain life insurance companies.  In  the
         case  of a life insurance company subject to the tax
         imposed by Section 801 of the Internal Revenue Code,
         life insurance  company  taxable  income,  plus  the
         amount  of  distribution  from pre-1984 policyholder
         surplus accounts as calculated under Section 815a of
         the Internal Revenue Code;
              (B)  Certain other insurance companies.  In the
         case of mutual insurance companies  subject  to  the
         tax  imposed  by Section 831 of the Internal Revenue
         Code, insurance company taxable income;
              (C)  Regulated investment  companies.   In  the
         case  of  a  regulated investment company subject to
         the tax imposed  by  Section  852  of  the  Internal
         Revenue Code, investment company taxable income;
              (D)  Real  estate  investment  trusts.   In the
         case of a real estate investment  trust  subject  to
         the  tax  imposed  by  Section  857  of the Internal
         Revenue Code, real estate investment  trust  taxable
         income;
              (E)  Consolidated corporations.  In the case of
         a  corporation  which  is  a member of an affiliated
         group of corporations filing a  consolidated  income
         tax  return  for the taxable year for federal income
         tax purposes, taxable income determined as  if  such
         corporation  had filed a separate return for federal
         income tax purposes for the taxable  year  and  each
         preceding  taxable year for which it was a member of
         an  affiliated   group.   For   purposes   of   this
         subparagraph, the taxpayer's separate taxable income
         shall  be  determined as if the election provided by
         Section 243(b) (2) of the Internal Revenue Code  had
         been in effect for all such years;
              (F)  Cooperatives.     In   the   case   of   a
         cooperative corporation or association, the  taxable
         income of such organization determined in accordance
         with  the provisions of Section 1381 through 1388 of
         the Internal Revenue Code;
              (G)  Subchapter S corporations.   In  the  case
         of:  (i)  a Subchapter S corporation for which there
         is in effect an election for the taxable year  under
         Section  1362  of  the  Internal  Revenue  Code, the
         taxable income of  such  corporation  determined  in
         accordance  with  Section  1363(b)  of  the Internal
         Revenue Code, except that taxable income shall  take
         into  account  those  items  which  are  required by
         Section 1363(b)(1) of the Internal Revenue  Code  to
         be  separately  stated;  and  (ii)  a  Subchapter  S
         corporation  for  which there is in effect a federal
         election  to  opt  out  of  the  provisions  of  the
         Subchapter S Revision Act of 1982 and  have  applied
         instead  the  prior federal Subchapter S rules as in
         effect on July 1, 1982, the taxable income  of  such
         corporation   determined   in  accordance  with  the
         federal Subchapter S rules as in effect on  July  1,
         1982; and
              (H)  Partnerships.     In   the   case   of   a
         partnership, taxable income determined in accordance
         with Section  703  of  the  Internal  Revenue  Code,
         except  that  taxable income shall take into account
         those items which are required by Section  703(a)(1)
         to  be  separately  stated  but which would be taken
         into account by an  individual  in  calculating  his
         taxable income.

    (f)  Valuation limitation amount.
         (1)  In  general.   The  valuation limitation amount
    referred to in subsections (a) (2) (G), (c) (2)  (I)  and
    (d)(2) (E) is an amount equal to:
              (A)  The   sum   of   the  pre-August  1,  1969
         appreciation amounts (to the  extent  consisting  of
         gain reportable under the provisions of Section 1245
         or  1250  of  the  Internal  Revenue  Code)  for all
         property in respect of which such gain was  reported
         for the taxable year; plus
              (B)  The   lesser   of   (i)  the  sum  of  the
         pre-August 1,  1969  appreciation  amounts  (to  the
         extent  consisting of capital gain) for all property
         in respect of  which  such  gain  was  reported  for
         federal income tax purposes for the taxable year, or
         (ii)  the  net  capital  gain  for the taxable year,
         reduced in either case by any amount  of  such  gain
         included  in  the amount determined under subsection
         (a) (2) (F) or (c) (2) (H).
         (2)  Pre-August 1, 1969 appreciation amount.
              (A)  If  the  fair  market  value  of  property
         referred   to   in   paragraph   (1)   was   readily
         ascertainable on August 1, 1969, the  pre-August  1,
         1969  appreciation  amount  for such property is the
         lesser of (i) the excess of such fair  market  value
         over the taxpayer's basis (for determining gain) for
         such  property  on  that  date (determined under the
         Internal Revenue Code as in effect on that date), or
         (ii) the total  gain  realized  and  reportable  for
         federal  income tax purposes in respect of the sale,
         exchange or other disposition of such property.
              (B)  If  the  fair  market  value  of  property
         referred  to  in  paragraph  (1)  was  not   readily
         ascertainable  on  August 1, 1969, the pre-August 1,
         1969 appreciation amount for such property  is  that
         amount  which bears the same ratio to the total gain
         reported in respect  of  the  property  for  federal
         income  tax  purposes  for  the taxable year, as the
         number of full calendar months in that part  of  the
         taxpayer's  holding  period  for the property ending
         July 31, 1969 bears to the number of  full  calendar
         months  in  the taxpayer's entire holding period for
         the property.
              (C)  The  Department   shall   prescribe   such
         regulations  as  may  be  necessary to carry out the
         purposes of this paragraph.

    (g)  Double  deductions.   Unless  specifically  provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.

    (h)  Legislative intention.  Except as expressly provided
by  this  Section  there  shall  be   no   modifications   or
limitations on the amounts of income, gain, loss or deduction
taken  into  account  in  determining  gross income, adjusted
gross  income  or  taxable  income  for  federal  income  tax
purposes for the taxable year, or in the amount of such items
entering into the computation of base income and  net  income
under  this  Act for such taxable year, whether in respect of
property values as of August 1, 1969 or otherwise.
(Source: P.A.  90-491,  eff.  1-1-98;  90-717,  eff.  8-7-98;
90-770,  eff.  8-14-98;  91-192,  eff.  7-20-99; 91-205, eff.
7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99;  91-676,
eff.  12-23-99;  91-845,  eff.  6-22-00; 91-913, eff. 1-1-01;
revised 10-24-00)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 10, 2001.
    Approved August 03, 2001.

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