100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3153

 

Introduced 2/15/2018, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 25/10
35 ILCS 25/25
35 ILCS 25/35

    Amends the Small Business Job Creation Tax Credit Act. Renews the program for incentive periods beginning on or after July 1, 2018 and ending on or before June 30, 2025. Removes language concerning the Put Illinois to Work Program for the second series of incentive periods. Provides that the term "full-time employee" means an individual who is employed for a basic wage for at least 35 hours each week (currently, employed for a basic wage for at least 35 hours each week or renders any other standard of service generally accepted by industry custom or practice as full-time employment). Provides that a net increase in the number of full-time Illinois employees shall be treated as continuous if a different new employee is hired as a replacement within 8 weeks after the position becomes vacant (currently, a reasonable time). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3153LRB100 17422 HLH 32590 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Small Business Job Creation Tax Credit Act
5is amended by changing Sections 10, 25, and 35 as follows:
 
6    (35 ILCS 25/10)
7    Sec. 10. Definitions. In this Act:
8    "Applicant" means a person that is operating a business
9located within the State of Illinois that is engaged in
10interstate or intrastate commerce and either:
11        (1) has no more than 50 full-time employees, without
12    regard to the location of employment of such employees at
13    the beginning of the incentive period; or
14        (2) for incentive periods ending on or before June 30,
15    2016, hired within the incentive period an employee who had
16    participated as worker-trainee in the Put Illinois to Work
17    Program during 2010.
18    In the case of any person that is a member of a unitary
19business group within the meaning of subdivision (a)(27) of
20Section 1501 of the Illinois Income Tax Act, "applicant" refers
21to the unitary business group.
22    "Certificate" means the tax credit certificate issued by
23the Department under Section 35 of this Act.

 

 

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1    "Certificate of eligibility" means the certificate issued
2by the Department under Section 20 of this Act.
3    "Credit" means the amount awarded by the Department to an
4applicant by issuance of a certificate under Section 35 of this
5Act for each new full-time equivalent employee hired or job
6created.
7    "Department" means the Department of Commerce and Economic
8Opportunity.
9    "Director" means the Director of the Department.
10    "Full-time employee" means an individual who is employed
11for a basic wage for at least 35 hours each week or who renders
12any other standard of service generally accepted by industry
13custom or practice as full-time employment. An individual for
14whom a W-2 is issued by a Professional Employer Organization is
15a full-time employee if he or she is employed in the service of
16the applicant for a basic wage for at least 35 hours each week
17or renders any other standard of service generally accepted by
18industry custom or practice as full-time employment. For the
19purposes of this Act, such an individual shall be considered a
20full-time employee of the applicant.
21    "Professional Employer Organization" (PEO) shall have the
22same meaning as defined in Section 5-5 of the Economic
23Development for a Growing Economy Tax Credit Act. As used in
24this Section, "Professional Employer Organization" does not
25include a day and temporary labor service agency regulated
26under the Day and Temporary Labor Services Act.

 

 

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1    "Incentive period" means the period beginning on July 1 and
2ending on June 30 of the following year. The first series of
3incentive periods period shall begin on July 1, 2010 and the
4last incentive period shall end on June 30, 2016. The second
5series of incentive periods shall begin on July 1, 2018 and end
6on June 30, 2025.
7    "Basic wage" means compensation for employment that is no
8less than $10 per hour or the equivalent salary for a new
9employee.
10    "New employee" means a full-time employee who first became
11employed by an applicant with less than 50 full-time employees
12within the incentive period whose hire results in a net
13increase in the applicant's full-time Illinois employees and
14who is receiving a basic wage as compensation. :
15        (1) who first became employed by an applicant with less
16    than 50 full-time employees within the incentive period
17    whose hire results in a net increase in the applicant's
18    full-time Illinois employees and who is receiving a basic
19    wage as compensation; or
20        (2) who participated as a worker-trainee in the Put
21    Illinois to Work Program during 2010 and who is
22    subsequently hired during the incentive period by an
23    applicant and who is receiving a basic wage as
24    compensation.
25    The term "new employee" does not include:
26        (1) a person who was previously employed in Illinois by

 

 

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1    the applicant or a related member prior to the onset of the
2    incentive period; or
3        (2) any individual who has a direct or indirect
4    ownership interest of at least 5% in the profits, capital,
5    or value of the applicant or a related member.
6    "Noncompliance date" means, in the case of an applicant
7that is not complying with the requirements of the provisions
8of this Act, the day following the last date upon which the
9taxpayer was in compliance with the requirements of the
10provisions of this Act, as determined by the Director, pursuant
11to Section 45 of this Act.
12    "Put Illinois to Work Program" means a worker training and
13employment program that was established by the State of
14Illinois with funding from the United States Department of
15Health and Human Services of Emergency Temporary Assistance for
16to Needy Families funds authorized by the American Recovery and
17Reinvestment Act of 2009 (ARRA TANF Funds). These ARRA TANF
18funds were in turn used by the State of Illinois to fund the
19Put Illinois to Work Program.
20    "Related member" means a person that, with respect to the
21applicant during any portion of the incentive period, is any
22one of the following,
23        (1) An individual, if the individual and the members of
24    the individual's family (as defined in Section 318 of the
25    Internal Revenue Code) own directly, indirectly,
26    beneficially, or constructively, in the aggregate, at

 

 

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1    least 50% of the value of the outstanding profits, capital,
2    stock, or other ownership interest in the applicant.
3        (2) A partnership, estate, or trust and any partner or
4    beneficiary, if the partnership, estate, or trust and its
5    partners or beneficiaries own directly, indirectly,
6    beneficially, or constructively, in the aggregate, at
7    least 50% of the profits, capital, stock, or other
8    ownership interest in the applicant.
9        (3) A corporation, and any party related to the
10    corporation in a manner that would require an attribution
11    of stock from the corporation under the attribution rules
12    of Section 318 of the Internal Revenue Code, if the
13    applicant and any other related member own, in the
14    aggregate, directly, indirectly, beneficially, or
15    constructively, at least 50% of the value of the
16    corporation's outstanding stock.
17        (4) A corporation and any party related to that
18    corporation in a manner that would require an attribution
19    of stock from the corporation to the party or from the
20    party to the corporation under the attribution rules of
21    Section 318 of the Internal Revenue Code, if the
22    corporation and all such related parties own, in the
23    aggregate, at least 50% of the profits, capital, stock, or
24    other ownership interest in the applicant.
25        (5) A person to or from whom there is attribution of
26    stock ownership in accordance with Section 1563(e) of the

 

 

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1    Internal Revenue Code, except that for purposes of
2    determining whether a person is a related member under this
3    paragraph, "20%" shall be substituted for "5%" whenever
4    "5%" appears in Section 1563(e) of the Internal Revenue
5    Code.
6(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11;
797-636, eff. 6-1-12; 97-1052, eff. 8-23-12; revised 9-26-17.)
 
8    (35 ILCS 25/25)
9    Sec. 25. Tax credit.
10    (a) Subject to the conditions set forth in this Act, an
11applicant is entitled to a credit against payment of taxes
12withheld under Section 704A of the Illinois Income Tax Act:
13        (1) for new employees who participated as
14    worker-trainees in the Put Illinois to Work Program during
15    2010, for incentive periods ending on or before June 30,
16    2016:
17            (A) in the first calendar year ending on or after
18        the date that is 6 months after December 31, 2010, or
19        the date of hire, whichever is later. Under this
20        subparagraph, the applicant is entitled to one-half of
21        the credit allowable for each new employee who is
22        employed for at least 6 months after the date of hire;
23        and
24            (B) in the first calendar year ending on or after
25        the date that is 12 months after December 31, 2010, or

 

 

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1        the date of hire, whichever is later. Under this
2        subparagraph, the applicant is entitled to one-half of
3        the credit allowable for each new employee who is
4        employed for at least 12 months after the date of hire;
5         (2) for all other new employees, in the first calendar
6    year ending on or after the date that is 12 months after
7    the date of hire of a new employee. The credit shall be
8    allowed as a credit to an applicant for each full-time
9    employee hired during the incentive period that results in
10    a net increase in full-time Illinois employees, where the
11    net increase in the employer's full-time Illinois
12    employees is maintained for at least 12 months.
13    (b) The Department shall make credit awards under this Act
14to further job creation.
15    (c) The credit shall be claimed for the first calendar year
16ending on or after the date on which the certificate is issued
17by the Department.
18    (d) The credit shall not exceed $2,500 per new employee
19hired.
20    (e) The net increase in full-time Illinois employees,
21measured on an annual full-time equivalent basis, shall be the
22total number of full-time Illinois employees of the applicant
23on the final day of the incentive period, minus the number of
24full-time Illinois employees employed by the employer on the
25first day of that same incentive period. For purposes of the
26calculation, an employer that begins doing business in this

 

 

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1State during the incentive period, as determined by the
2Director, shall be treated as having zero Illinois employees on
3the first day of the incentive period.
4    (f) The net increase in the number of full-time Illinois
5employees of the applicant under subsection (e) must be
6sustained continuously for at least 12 months, starting with
7the date of hire of a new employee during the incentive period.
8Eligibility for the credit does not depend on the continuous
9employment of any particular individual. For purposes of this
10subsection (f), if a new employee ceases to be employed before
11the completion of the 12-month period for any reason, the net
12increase in the number of full-time Illinois employees shall be
13treated as continuous if a different new employee is hired as a
14replacement within a reasonable time for the same position
15within 8 weeks after the position becomes vacant.
16    (g) The Department shall promulgate rules to enable an
17applicant for which a PEO has been contracted to issue W-2s and
18make payment of taxes withheld under Section 704A of the
19Illinois Income Tax Act for new employees to retain the benefit
20of tax credits to which the applicant is otherwise entitled
21under this Act.
22(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11;
2397-636, eff. 6-1-12; 97-1052, eff. 8-23-12.)
 
24    (35 ILCS 25/35)
25    Sec. 35. Application for award of tax credit; tax credit

 

 

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1certificate.
2    (a) On or after the conclusion of the 12-month period (or
36-month period, for purposes of subparagraph (A) of item (1) of
4subsection (a) of Section 25) after a new employee has been
5hired, an applicant shall file with the Department an
6application for award of a credit. The application shall
7include the following:
8        (1) The names, Social Security numbers, job
9    descriptions, salary or wage rates, and dates of hire of
10    the new employees with respect to whom the credit is being
11    requested, and an indication of whether each new employee
12    listed participated as a worker-trainee in the Put Illinois
13    to Work Program.
14        (2) A certification that each new employee listed has
15    been retained on the job for one year (or 6 months, for
16    purposes of subparagraph (A) of item (1) of subsection (a)
17    of Section 25) from the date of hire.
18        (3) The number of new employees hired by the applicant
19    during the incentive period.
20        (4) The net increase in the number of full-time
21    Illinois employees of the applicant (including the new
22    employees listed in the request) between the beginning of
23    the incentive period and the dates on which the new
24    employees listed in the request were hired. This
25    requirement does not apply for tax credits the applicant is
26    seeking because the new employee had participated as a

 

 

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1    worker-trainee in the Put Illinois to Work Program.
2        (5) An agreement that the Director is authorized to
3    verify with the appropriate State agencies the information
4    contained in the request before issuing a certificate to
5    the applicant.
6        (6) Any other information the Department determines to
7    be appropriate.
8    (b) Although an application may be filed at any time after
9the conclusion of the 12-month period (or 6-month period, for
10purposes of subparagraph (A) of item (1) of subsection (a) of
11Section 25) after a new employee was hired, an application
12filed more than 90 days after the earliest date on which it
13could have been filed shall not be awarded any credit if, prior
14to the date it is filed, the Department has received
15applications under this Section for credits totaling more than
16$50,000,000.
17    (c) The Department shall issue a certificate to each
18applicant awarded a credit under this Act. The certificate
19shall include the following:
20        (1) The name and taxpayer identification number of the
21    applicant.
22        (2) The date on which the certificate is issued.
23        (3) The credit amount that will be allowed.
24        (4) Any other information the Department determines to
25    be appropriate.
26(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.