103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4204

 

Introduced 11/1/2023, by Rep. Hoan Huynh

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/203  from Ch. 120, par. 2-203

    Amends the Illinois Income Tax Act. Creates a deduction in an amount equal to the qualified expenses paid or incurred by a qualified performing artist in connection with the performances by the qualified performing artist in the performing arts as an employee. Effective immediately.


LRB103 34178 HLH 64001 b

 

 

A BILL FOR

 

HB4204LRB103 34178 HLH 64001 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 Illinois Income Tax Act is amended by
5changing Section 203 as follows:
 
6    (35 ILCS 5/203)  (from Ch. 120, par. 2-203)
7    Sec. 203. Base income defined.
8    (a) Individuals.
9        (1) In general. In the case of an individual, base
10    income means an amount equal to the taxpayer's adjusted
11    gross income for the taxable year as modified by paragraph
12    (2).
13        (2) Modifications. The adjusted gross income referred
14    to in paragraph (1) shall be modified by adding thereto
15    the sum of the following amounts:
16            (A) An amount equal to all amounts paid or accrued
17        to the taxpayer as interest or dividends during the
18        taxable year to the extent excluded from gross income
19        in the computation of adjusted gross income, except
20        stock dividends of qualified public utilities
21        described in Section 305(e) of the Internal Revenue
22        Code;
23            (B) An amount equal to the amount of tax imposed by

 

 

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1        this Act to the extent deducted from gross income in
2        the computation of adjusted gross income for the
3        taxable year;
4            (C) An amount equal to the amount received during
5        the taxable year as a recovery or refund of real
6        property taxes paid with respect to the taxpayer's
7        principal residence under the Revenue Act of 1939 and
8        for which a deduction was previously taken under
9        subparagraph (L) of this paragraph (2) prior to July
10        1, 1991, the retrospective application date of Article
11        4 of Public Act 87-17. In the case of multi-unit or
12        multi-use structures and farm dwellings, the taxes on
13        the taxpayer's principal residence shall be that
14        portion of the total taxes for the entire property
15        which is attributable to such principal residence;
16            (D) An amount equal to the amount of the capital
17        gain deduction allowable under the Internal Revenue
18        Code, to the extent deducted from gross income in the
19        computation of adjusted gross income;
20            (D-5) An amount, to the extent not included in
21        adjusted gross income, equal to the amount of money
22        withdrawn by the taxpayer in the taxable year from a
23        medical care savings account and the interest earned
24        on the account in the taxable year of a withdrawal
25        pursuant to subsection (b) of Section 20 of the
26        Medical Care Savings Account Act or subsection (b) of

 

 

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1        Section 20 of the Medical Care Savings Account Act of
2        2000;
3            (D-10) For taxable years ending after December 31,
4        1997, an amount equal to any eligible remediation
5        costs that the individual deducted in computing
6        adjusted gross income and for which the individual
7        claims a credit under subsection (l) of Section 201;
8            (D-15) For taxable years 2001 and thereafter, an
9        amount equal to the bonus depreciation deduction taken
10        on the taxpayer's federal income tax return for the
11        taxable year under subsection (k) of Section 168 of
12        the Internal Revenue Code;
13            (D-16) If the taxpayer sells, transfers, abandons,
14        or otherwise disposes of property for which the
15        taxpayer was required in any taxable year to make an
16        addition modification under subparagraph (D-15), then
17        an amount equal to the aggregate amount of the
18        deductions taken in all taxable years under
19        subparagraph (Z) with respect to that property.
20            If the taxpayer continues to own property through
21        the last day of the last tax year for which a
22        subtraction is allowed with respect to that property
23        under subparagraph (Z) and for which the taxpayer was
24        allowed in any taxable year to make a subtraction
25        modification under subparagraph (Z), then an amount
26        equal to that subtraction modification.

 

 

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1            The taxpayer is required to make the addition
2        modification under this subparagraph only once with
3        respect to any one piece of property;
4            (D-17) An amount equal to the amount otherwise
5        allowed as a deduction in computing base income for
6        interest paid, accrued, or incurred, directly or
7        indirectly, (i) for taxable years ending on or after
8        December 31, 2004, to a foreign person who would be a
9        member of the same unitary business group but for the
10        fact that foreign person's business activity outside
11        the United States is 80% or more of the foreign
12        person's total business activity and (ii) for taxable
13        years ending on or after December 31, 2008, to a person
14        who would be a member of the same unitary business
15        group but for the fact that the person is prohibited
16        under Section 1501(a)(27) from being included in the
17        unitary business group because he or she is ordinarily
18        required to apportion business income under different
19        subsections of Section 304. The addition modification
20        required by this subparagraph shall be reduced to the
21        extent that dividends were included in base income of
22        the unitary group for the same taxable year and
23        received by the taxpayer or by a member of the
24        taxpayer's unitary business group (including amounts
25        included in gross income under Sections 951 through
26        964 of the Internal Revenue Code and amounts included

 

 

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1        in gross income under Section 78 of the Internal
2        Revenue Code) with respect to the stock of the same
3        person to whom the interest was paid, accrued, or
4        incurred.
5            This paragraph shall not apply to the following:
6                (i) an item of interest paid, accrued, or
7            incurred, directly or indirectly, to a person who
8            is subject in a foreign country or state, other
9            than a state which requires mandatory unitary
10            reporting, to a tax on or measured by net income
11            with respect to such interest; or
12                (ii) an item of interest paid, accrued, or
13            incurred, directly or indirectly, to a person if
14            the taxpayer can establish, based on a
15            preponderance of the evidence, both of the
16            following:
17                    (a) the person, during the same taxable
18                year, paid, accrued, or incurred, the interest
19                to a person that is not a related member, and
20                    (b) the transaction giving rise to the
21                interest expense between the taxpayer and the
22                person did not have as a principal purpose the
23                avoidance of Illinois income tax, and is paid
24                pursuant to a contract or agreement that
25                reflects an arm's-length interest rate and
26                terms; or

 

 

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1                (iii) the taxpayer can establish, based on
2            clear and convincing evidence, that the interest
3            paid, accrued, or incurred relates to a contract
4            or agreement entered into at arm's-length rates
5            and terms and the principal purpose for the
6            payment is not federal or Illinois tax avoidance;
7            or
8                (iv) an item of interest paid, accrued, or
9            incurred, directly or indirectly, to a person if
10            the taxpayer establishes by clear and convincing
11            evidence that the adjustments are unreasonable; or
12            if the taxpayer and the Director agree in writing
13            to the application or use of an alternative method
14            of apportionment under Section 304(f).
15                Nothing in this subsection shall preclude the
16            Director from making any other adjustment
17            otherwise allowed under Section 404 of this Act
18            for any tax year beginning after the effective
19            date of this amendment provided such adjustment is
20            made pursuant to regulation adopted by the
21            Department and such regulations provide methods
22            and standards by which the Department will utilize
23            its authority under Section 404 of this Act;
24            (D-18) An amount equal to the amount of intangible
25        expenses and costs otherwise allowed as a deduction in
26        computing base income, and that were paid, accrued, or

 

 

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1        incurred, directly or indirectly, (i) for taxable
2        years ending on or after December 31, 2004, to a
3        foreign person who would be a member of the same
4        unitary business group but for the fact that the
5        foreign person's business activity outside the United
6        States is 80% or more of that person's total business
7        activity and (ii) for taxable years ending on or after
8        December 31, 2008, to a person who would be a member of
9        the same unitary business group but for the fact that
10        the person is prohibited under Section 1501(a)(27)
11        from being included in the unitary business group
12        because he or she is ordinarily required to apportion
13        business income under different subsections of Section
14        304. The addition modification required by this
15        subparagraph shall be reduced to the extent that
16        dividends were included in base income of the unitary
17        group for the same taxable year and received by the
18        taxpayer or by a member of the taxpayer's unitary
19        business group (including amounts included in gross
20        income under Sections 951 through 964 of the Internal
21        Revenue Code and amounts included in gross income
22        under Section 78 of the Internal Revenue Code) with
23        respect to the stock of the same person to whom the
24        intangible expenses and costs were directly or
25        indirectly paid, incurred, or accrued. The preceding
26        sentence does not apply to the extent that the same

 

 

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1        dividends caused a reduction to the addition
2        modification required under Section 203(a)(2)(D-17) of
3        this Act. As used in this subparagraph, the term
4        "intangible expenses and costs" includes (1) expenses,
5        losses, and costs for, or related to, the direct or
6        indirect acquisition, use, maintenance or management,
7        ownership, sale, exchange, or any other disposition of
8        intangible property; (2) losses incurred, directly or
9        indirectly, from factoring transactions or discounting
10        transactions; (3) royalty, patent, technical, and
11        copyright fees; (4) licensing fees; and (5) other
12        similar expenses and costs. For purposes of this
13        subparagraph, "intangible property" includes patents,
14        patent applications, trade names, trademarks, service
15        marks, copyrights, mask works, trade secrets, and
16        similar types of intangible assets.
17            This paragraph shall not apply to the following:
18                (i) any item of intangible expenses or costs
19            paid, accrued, or incurred, directly or
20            indirectly, from a transaction with a person who
21            is subject in a foreign country or state, other
22            than a state which requires mandatory unitary
23            reporting, to a tax on or measured by net income
24            with respect to such item; or
25                (ii) any item of intangible expense or cost
26            paid, accrued, or incurred, directly or

 

 

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1            indirectly, if the taxpayer can establish, based
2            on a preponderance of the evidence, both of the
3            following:
4                    (a) the person during the same taxable
5                year paid, accrued, or incurred, the
6                intangible expense or cost to a person that is
7                not a related member, and
8                    (b) the transaction giving rise to the
9                intangible expense or cost between the
10                taxpayer and the person did not have as a
11                principal purpose the avoidance of Illinois
12                income tax, and is paid pursuant to a contract
13                or agreement that reflects arm's-length terms;
14                or
15                (iii) any item of intangible expense or cost
16            paid, accrued, or incurred, directly or
17            indirectly, from a transaction with a person if
18            the taxpayer establishes by clear and convincing
19            evidence, that the adjustments are unreasonable;
20            or if the taxpayer and the Director agree in
21            writing to the application or use of an
22            alternative method of apportionment under Section
23            304(f);
24                Nothing in this subsection shall preclude the
25            Director from making any other adjustment
26            otherwise allowed under Section 404 of this Act

 

 

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1            for any tax year beginning after the effective
2            date of this amendment provided such adjustment is
3            made pursuant to regulation adopted by the
4            Department and such regulations provide methods
5            and standards by which the Department will utilize
6            its authority under Section 404 of this Act;
7            (D-19) For taxable years ending on or after
8        December 31, 2008, an amount equal to the amount of
9        insurance premium expenses and costs otherwise allowed
10        as a deduction in computing base income, and that were
11        paid, accrued, or incurred, directly or indirectly, to
12        a person who would be a member of the same unitary
13        business group but for the fact that the person is
14        prohibited under Section 1501(a)(27) from being
15        included in the unitary business group because he or
16        she is ordinarily required to apportion business
17        income under different subsections of Section 304. The
18        addition modification required by this subparagraph
19        shall be reduced to the extent that dividends were
20        included in base income of the unitary group for the
21        same taxable year and received by the taxpayer or by a
22        member of the taxpayer's unitary business group
23        (including amounts included in gross income under
24        Sections 951 through 964 of the Internal Revenue Code
25        and amounts included in gross income under Section 78
26        of the Internal Revenue Code) with respect to the

 

 

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1        stock of the same person to whom the premiums and costs
2        were directly or indirectly paid, incurred, or
3        accrued. The preceding sentence does not apply to the
4        extent that the same dividends caused a reduction to
5        the addition modification required under Section
6        203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
7        Act;
8            (D-20) For taxable years beginning on or after
9        January 1, 2002 and ending on or before December 31,
10        2006, in the case of a distribution from a qualified
11        tuition program under Section 529 of the Internal
12        Revenue Code, other than (i) a distribution from a
13        College Savings Pool created under Section 16.5 of the
14        State Treasurer Act or (ii) a distribution from the
15        Illinois Prepaid Tuition Trust Fund, an amount equal
16        to the amount excluded from gross income under Section
17        529(c)(3)(B). For taxable years beginning on or after
18        January 1, 2007, in the case of a distribution from a
19        qualified tuition program under Section 529 of the
20        Internal Revenue Code, other than (i) a distribution
21        from a College Savings Pool created under Section 16.5
22        of the State Treasurer Act, (ii) a distribution from
23        the Illinois Prepaid Tuition Trust Fund, or (iii) a
24        distribution from a qualified tuition program under
25        Section 529 of the Internal Revenue Code that (I)
26        adopts and determines that its offering materials

 

 

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1        comply with the College Savings Plans Network's
2        disclosure principles and (II) has made reasonable
3        efforts to inform in-state residents of the existence
4        of in-state qualified tuition programs by informing
5        Illinois residents directly and, where applicable, to
6        inform financial intermediaries distributing the
7        program to inform in-state residents of the existence
8        of in-state qualified tuition programs at least
9        annually, an amount equal to the amount excluded from
10        gross income under Section 529(c)(3)(B).
11            For the purposes of this subparagraph (D-20), a
12        qualified tuition program has made reasonable efforts
13        if it makes disclosures (which may use the term
14        "in-state program" or "in-state plan" and need not
15        specifically refer to Illinois or its qualified
16        programs by name) (i) directly to prospective
17        participants in its offering materials or makes a
18        public disclosure, such as a website posting; and (ii)
19        where applicable, to intermediaries selling the
20        out-of-state program in the same manner that the
21        out-of-state program distributes its offering
22        materials;
23            (D-20.5) For taxable years beginning on or after
24        January 1, 2018, in the case of a distribution from a
25        qualified ABLE program under Section 529A of the
26        Internal Revenue Code, other than a distribution from

 

 

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1        a qualified ABLE program created under Section 16.6 of
2        the State Treasurer Act, an amount equal to the amount
3        excluded from gross income under Section 529A(c)(1)(B)
4        of the Internal Revenue Code;
5            (D-21) For taxable years beginning on or after
6        January 1, 2007, in the case of transfer of moneys from
7        a qualified tuition program under Section 529 of the
8        Internal Revenue Code that is administered by the
9        State to an out-of-state program, an amount equal to
10        the amount of moneys previously deducted from base
11        income under subsection (a)(2)(Y) of this Section;
12            (D-21.5) For taxable years beginning on or after
13        January 1, 2018, in the case of the transfer of moneys
14        from a qualified tuition program under Section 529 or
15        a qualified ABLE program under Section 529A of the
16        Internal Revenue Code that is administered by this
17        State to an ABLE account established under an
18        out-of-state ABLE account program, an amount equal to
19        the contribution component of the transferred amount
20        that was previously deducted from base income under
21        subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
22        Section;
23            (D-22) For taxable years beginning on or after
24        January 1, 2009, and prior to January 1, 2018, in the
25        case of a nonqualified withdrawal or refund of moneys
26        from a qualified tuition program under Section 529 of

 

 

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1        the Internal Revenue Code administered by the State
2        that is not used for qualified expenses at an eligible
3        education institution, an amount equal to the
4        contribution component of the nonqualified withdrawal
5        or refund that was previously deducted from base
6        income under subsection (a)(2)(y) of this Section,
7        provided that the withdrawal or refund did not result
8        from the beneficiary's death or disability. For
9        taxable years beginning on or after January 1, 2018:
10        (1) in the case of a nonqualified withdrawal or
11        refund, as defined under Section 16.5 of the State
12        Treasurer Act, of moneys from a qualified tuition
13        program under Section 529 of the Internal Revenue Code
14        administered by the State, an amount equal to the
15        contribution component of the nonqualified withdrawal
16        or refund that was previously deducted from base
17        income under subsection (a)(2)(Y) of this Section, and
18        (2) in the case of a nonqualified withdrawal or refund
19        from a qualified ABLE program under Section 529A of
20        the Internal Revenue Code administered by the State
21        that is not used for qualified disability expenses, an
22        amount equal to the contribution component of the
23        nonqualified withdrawal or refund that was previously
24        deducted from base income under subsection (a)(2)(HH)
25        of this Section;
26            (D-23) An amount equal to the credit allowable to

 

 

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1        the taxpayer under Section 218(a) of this Act,
2        determined without regard to Section 218(c) of this
3        Act;
4            (D-24) For taxable years ending on or after
5        December 31, 2017, an amount equal to the deduction
6        allowed under Section 199 of the Internal Revenue Code
7        for the taxable year;
8            (D-25) In the case of a resident, an amount equal
9        to the amount of tax for which a credit is allowed
10        pursuant to Section 201(p)(7) of this Act;
11    and by deducting from the total so obtained the sum of the
12    following amounts:
13            (E) For taxable years ending before December 31,
14        2001, any amount included in such total in respect of
15        any compensation (including but not limited to any
16        compensation paid or accrued to a serviceman while a
17        prisoner of war or missing in action) paid to a
18        resident by reason of being on active duty in the Armed
19        Forces of the United States and in respect of any
20        compensation paid or accrued to a resident who as a
21        governmental employee was a prisoner of war or missing
22        in action, and in respect of any compensation paid to a
23        resident in 1971 or thereafter for annual training
24        performed pursuant to Sections 502 and 503, Title 32,
25        United States Code as a member of the Illinois
26        National Guard or, beginning with taxable years ending

 

 

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1        on or after December 31, 2007, the National Guard of
2        any other state. For taxable years ending on or after
3        December 31, 2001, any amount included in such total
4        in respect of any compensation (including but not
5        limited to any compensation paid or accrued to a
6        serviceman while a prisoner of war or missing in
7        action) paid to a resident by reason of being a member
8        of any component of the Armed Forces of the United
9        States and in respect of any compensation paid or
10        accrued to a resident who as a governmental employee
11        was a prisoner of war or missing in action, and in
12        respect of any compensation paid to a resident in 2001
13        or thereafter by reason of being a member of the
14        Illinois National Guard or, beginning with taxable
15        years ending on or after December 31, 2007, the
16        National Guard of any other state. The provisions of
17        this subparagraph (E) are exempt from the provisions
18        of Section 250;
19            (F) An amount equal to all amounts included in
20        such total pursuant to the provisions of Sections
21        402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
22        408 of the Internal Revenue Code, or included in such
23        total as distributions under the provisions of any
24        retirement or disability plan for employees of any
25        governmental agency or unit, or retirement payments to
26        retired partners, which payments are excluded in

 

 

HB4204- 17 -LRB103 34178 HLH 64001 b

1        computing net earnings from self employment by Section
2        1402 of the Internal Revenue Code and regulations
3        adopted pursuant thereto;
4            (G) The valuation limitation amount;
5            (H) An amount equal to the amount of any tax
6        imposed by this Act which was refunded to the taxpayer
7        and included in such total for the taxable year;
8            (I) An amount equal to all amounts included in
9        such total pursuant to the provisions of Section 111
10        of the Internal Revenue Code as a recovery of items
11        previously deducted from adjusted gross income in the
12        computation of taxable income;
13            (J) An amount equal to those dividends included in
14        such total which were paid by a corporation which
15        conducts business operations in a River Edge
16        Redevelopment Zone or zones created under the River
17        Edge Redevelopment Zone Act, and conducts
18        substantially all of its operations in a River Edge
19        Redevelopment Zone or zones. This subparagraph (J) is
20        exempt from the provisions of Section 250;
21            (K) An amount equal to those dividends included in
22        such total that were paid by a corporation that
23        conducts business operations in a federally designated
24        Foreign Trade Zone or Sub-Zone and that is designated
25        a High Impact Business located in Illinois; provided
26        that dividends eligible for the deduction provided in

 

 

HB4204- 18 -LRB103 34178 HLH 64001 b

1        subparagraph (J) of paragraph (2) of this subsection
2        shall not be eligible for the deduction provided under
3        this subparagraph (K);
4            (L) For taxable years ending after December 31,
5        1983, an amount equal to all social security benefits
6        and railroad retirement benefits included in such
7        total pursuant to Sections 72(r) and 86 of the
8        Internal Revenue Code;
9            (M) With the exception of any amounts subtracted
10        under subparagraph (N), an amount equal to the sum of
11        all amounts disallowed as deductions by (i) Sections
12        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
13        and all amounts of expenses allocable to interest and
14        disallowed as deductions by Section 265(a)(1) of the
15        Internal Revenue Code; and (ii) for taxable years
16        ending on or after August 13, 1999, Sections
17        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
18        Internal Revenue Code, plus, for taxable years ending
19        on or after December 31, 2011, Section 45G(e)(3) of
20        the Internal Revenue Code and, for taxable years
21        ending on or after December 31, 2008, any amount
22        included in gross income under Section 87 of the
23        Internal Revenue Code; the provisions of this
24        subparagraph are exempt from the provisions of Section
25        250;
26            (N) An amount equal to all amounts included in

 

 

HB4204- 19 -LRB103 34178 HLH 64001 b

1        such total which are exempt from taxation by this
2        State either by reason of its statutes or Constitution
3        or by reason of the Constitution, treaties or statutes
4        of the United States; provided that, in the case of any
5        statute of this State that exempts income derived from
6        bonds or other obligations from the tax imposed under
7        this Act, the amount exempted shall be the interest
8        net of bond premium amortization;
9            (O) An amount equal to any contribution made to a
10        job training project established pursuant to the Tax
11        Increment Allocation Redevelopment Act;
12            (P) An amount equal to the amount of the deduction
13        used to compute the federal income tax credit for
14        restoration of substantial amounts held under claim of
15        right for the taxable year pursuant to Section 1341 of
16        the Internal Revenue Code or of any itemized deduction
17        taken from adjusted gross income in the computation of
18        taxable income for restoration of substantial amounts
19        held under claim of right for the taxable year;
20            (Q) An amount equal to any amounts included in
21        such total, received by the taxpayer as an
22        acceleration in the payment of life, endowment or
23        annuity benefits in advance of the time they would
24        otherwise be payable as an indemnity for a terminal
25        illness;
26            (R) An amount equal to the amount of any federal or

 

 

HB4204- 20 -LRB103 34178 HLH 64001 b

1        State bonus paid to veterans of the Persian Gulf War;
2            (S) An amount, to the extent included in adjusted
3        gross income, equal to the amount of a contribution
4        made in the taxable year on behalf of the taxpayer to a
5        medical care savings account established under the
6        Medical Care Savings Account Act or the Medical Care
7        Savings Account Act of 2000 to the extent the
8        contribution is accepted by the account administrator
9        as provided in that Act;
10            (T) An amount, to the extent included in adjusted
11        gross income, equal to the amount of interest earned
12        in the taxable year on a medical care savings account
13        established under the Medical Care Savings Account Act
14        or the Medical Care Savings Account Act of 2000 on
15        behalf of the taxpayer, other than interest added
16        pursuant to item (D-5) of this paragraph (2);
17            (U) For one taxable year beginning on or after
18        January 1, 1994, an amount equal to the total amount of
19        tax imposed and paid under subsections (a) and (b) of
20        Section 201 of this Act on grant amounts received by
21        the taxpayer under the Nursing Home Grant Assistance
22        Act during the taxpayer's taxable years 1992 and 1993;
23            (V) Beginning with tax years ending on or after
24        December 31, 1995 and ending with tax years ending on
25        or before December 31, 2004, an amount equal to the
26        amount paid by a taxpayer who is a self-employed

 

 

HB4204- 21 -LRB103 34178 HLH 64001 b

1        taxpayer, a partner of a partnership, or a shareholder
2        in a Subchapter S corporation for health insurance or
3        long-term care insurance for that taxpayer or that
4        taxpayer's spouse or dependents, to the extent that
5        the amount paid for that health insurance or long-term
6        care insurance may be deducted under Section 213 of
7        the Internal Revenue Code, has not been deducted on
8        the federal income tax return of the taxpayer, and
9        does not exceed the taxable income attributable to
10        that taxpayer's income, self-employment income, or
11        Subchapter S corporation income; except that no
12        deduction shall be allowed under this item (V) if the
13        taxpayer is eligible to participate in any health
14        insurance or long-term care insurance plan of an
15        employer of the taxpayer or the taxpayer's spouse. The
16        amount of the health insurance and long-term care
17        insurance subtracted under this item (V) shall be
18        determined by multiplying total health insurance and
19        long-term care insurance premiums paid by the taxpayer
20        times a number that represents the fractional
21        percentage of eligible medical expenses under Section
22        213 of the Internal Revenue Code of 1986 not actually
23        deducted on the taxpayer's federal income tax return;
24            (W) For taxable years beginning on or after
25        January 1, 1998, all amounts included in the
26        taxpayer's federal gross income in the taxable year

 

 

HB4204- 22 -LRB103 34178 HLH 64001 b

1        from amounts converted from a regular IRA to a Roth
2        IRA. This paragraph is exempt from the provisions of
3        Section 250;
4            (X) For taxable year 1999 and thereafter, an
5        amount equal to the amount of any (i) distributions,
6        to the extent includible in gross income for federal
7        income tax purposes, made to the taxpayer because of
8        his or her status as a victim of persecution for racial
9        or religious reasons by Nazi Germany or any other Axis
10        regime or as an heir of the victim and (ii) items of
11        income, to the extent includible in gross income for
12        federal income tax purposes, attributable to, derived
13        from or in any way related to assets stolen from,
14        hidden from, or otherwise lost to a victim of
15        persecution for racial or religious reasons by Nazi
16        Germany or any other Axis regime immediately prior to,
17        during, and immediately after World War II, including,
18        but not limited to, interest on the proceeds
19        receivable as insurance under policies issued to a
20        victim of persecution for racial or religious reasons
21        by Nazi Germany or any other Axis regime by European
22        insurance companies immediately prior to and during
23        World War II; provided, however, this subtraction from
24        federal adjusted gross income does not apply to assets
25        acquired with such assets or with the proceeds from
26        the sale of such assets; provided, further, this

 

 

HB4204- 23 -LRB103 34178 HLH 64001 b

1        paragraph shall only apply to a taxpayer who was the
2        first recipient of such assets after their recovery
3        and who is a victim of persecution for racial or
4        religious reasons by Nazi Germany or any other Axis
5        regime or as an heir of the victim. The amount of and
6        the eligibility for any public assistance, benefit, or
7        similar entitlement is not affected by the inclusion
8        of items (i) and (ii) of this paragraph in gross income
9        for federal income tax purposes. This paragraph is
10        exempt from the provisions of Section 250;
11            (Y) For taxable years beginning on or after
12        January 1, 2002 and ending on or before December 31,
13        2004, moneys contributed in the taxable year to a
14        College Savings Pool account under Section 16.5 of the
15        State Treasurer Act, except that amounts excluded from
16        gross income under Section 529(c)(3)(C)(i) of the
17        Internal Revenue Code shall not be considered moneys
18        contributed under this subparagraph (Y). For taxable
19        years beginning on or after January 1, 2005, a maximum
20        of $10,000 contributed in the taxable year to (i) a
21        College Savings Pool account under Section 16.5 of the
22        State Treasurer Act or (ii) the Illinois Prepaid
23        Tuition Trust Fund, except that amounts excluded from
24        gross income under Section 529(c)(3)(C)(i) of the
25        Internal Revenue Code shall not be considered moneys
26        contributed under this subparagraph (Y). For purposes

 

 

HB4204- 24 -LRB103 34178 HLH 64001 b

1        of this subparagraph, contributions made by an
2        employer on behalf of an employee, or matching
3        contributions made by an employee, shall be treated as
4        made by the employee. This subparagraph (Y) is exempt
5        from the provisions of Section 250;
6            (Z) For taxable years 2001 and thereafter, for the
7        taxable year in which the bonus depreciation deduction
8        is taken on the taxpayer's federal income tax return
9        under subsection (k) of Section 168 of the Internal
10        Revenue Code and for each applicable taxable year
11        thereafter, an amount equal to "x", where:
12                (1) "y" equals the amount of the depreciation
13            deduction taken for the taxable year on the
14            taxpayer's federal income tax return on property
15            for which the bonus depreciation deduction was
16            taken in any year under subsection (k) of Section
17            168 of the Internal Revenue Code, but not
18            including the bonus depreciation deduction;
19                (2) for taxable years ending on or before
20            December 31, 2005, "x" equals "y" multiplied by 30
21            and then divided by 70 (or "y" multiplied by
22            0.429); and
23                (3) for taxable years ending after December
24            31, 2005:
25                    (i) for property on which a bonus
26                depreciation deduction of 30% of the adjusted

 

 

HB4204- 25 -LRB103 34178 HLH 64001 b

1                basis was taken, "x" equals "y" multiplied by
2                30 and then divided by 70 (or "y" multiplied
3                by 0.429);
4                    (ii) for property on which a bonus
5                depreciation deduction of 50% of the adjusted
6                basis was taken, "x" equals "y" multiplied by
7                1.0;
8                    (iii) for property on which a bonus
9                depreciation deduction of 100% of the adjusted
10                basis was taken in a taxable year ending on or
11                after December 31, 2021, "x" equals the
12                depreciation deduction that would be allowed
13                on that property if the taxpayer had made the
14                election under Section 168(k)(7) of the
15                Internal Revenue Code to not claim bonus
16                depreciation on that property; and
17                    (iv) for property on which a bonus
18                depreciation deduction of a percentage other
19                than 30%, 50% or 100% of the adjusted basis
20                was taken in a taxable year ending on or after
21                December 31, 2021, "x" equals "y" multiplied
22                by 100 times the percentage bonus depreciation
23                on the property (that is, 100(bonus%)) and
24                then divided by 100 times 1 minus the
25                percentage bonus depreciation on the property
26                (that is, 100(1–bonus%)).

 

 

HB4204- 26 -LRB103 34178 HLH 64001 b

1            The aggregate amount deducted under this
2        subparagraph in all taxable years for any one piece of
3        property may not exceed the amount of the bonus
4        depreciation deduction taken on that property on the
5        taxpayer's federal income tax return under subsection
6        (k) of Section 168 of the Internal Revenue Code. This
7        subparagraph (Z) is exempt from the provisions of
8        Section 250;
9            (AA) If the taxpayer sells, transfers, abandons,
10        or otherwise disposes of property for which the
11        taxpayer was required in any taxable year to make an
12        addition modification under subparagraph (D-15), then
13        an amount equal to that addition modification.
14            If the taxpayer continues to own property through
15        the last day of the last tax year for which a
16        subtraction is allowed with respect to that property
17        under subparagraph (Z) and for which the taxpayer was
18        required in any taxable year to make an addition
19        modification under subparagraph (D-15), then an amount
20        equal to that addition modification.
21            The taxpayer is allowed to take the deduction
22        under this subparagraph only once with respect to any
23        one piece of property.
24            This subparagraph (AA) is exempt from the
25        provisions of Section 250;
26            (BB) Any amount included in adjusted gross income,

 

 

HB4204- 27 -LRB103 34178 HLH 64001 b

1        other than salary, received by a driver in a
2        ridesharing arrangement using a motor vehicle;
3            (CC) The amount of (i) any interest income (net of
4        the deductions allocable thereto) taken into account
5        for the taxable year with respect to a transaction
6        with a taxpayer that is required to make an addition
7        modification with respect to such transaction under
8        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
9        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
10        the amount of that addition modification, and (ii) any
11        income from intangible property (net of the deductions
12        allocable thereto) taken into account for the taxable
13        year with respect to a transaction with a taxpayer
14        that is required to make an addition modification with
15        respect to such transaction under Section
16        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
17        203(d)(2)(D-8), but not to exceed the amount of that
18        addition modification. This subparagraph (CC) is
19        exempt from the provisions of Section 250;
20            (DD) An amount equal to the interest income taken
21        into account for the taxable year (net of the
22        deductions allocable thereto) with respect to
23        transactions with (i) a foreign person who would be a
24        member of the taxpayer's unitary business group but
25        for the fact that the foreign person's business
26        activity outside the United States is 80% or more of

 

 

HB4204- 28 -LRB103 34178 HLH 64001 b

1        that person's total business activity and (ii) for
2        taxable years ending on or after December 31, 2008, to
3        a person who would be a member of the same unitary
4        business group but for the fact that the person is
5        prohibited under Section 1501(a)(27) from being
6        included in the unitary business group because he or
7        she is ordinarily required to apportion business
8        income under different subsections of Section 304, but
9        not to exceed the addition modification required to be
10        made for the same taxable year under Section
11        203(a)(2)(D-17) for interest paid, accrued, or
12        incurred, directly or indirectly, to the same person.
13        This subparagraph (DD) is exempt from the provisions
14        of Section 250;
15            (EE) An amount equal to the income from intangible
16        property taken into account for the taxable year (net
17        of the deductions allocable thereto) with respect to
18        transactions with (i) a foreign person who would be a
19        member of the taxpayer's unitary business group but
20        for the fact that the foreign person's business
21        activity outside the United States is 80% or more of
22        that person's total business activity and (ii) for
23        taxable years ending on or after December 31, 2008, to
24        a person who would be a member of the same unitary
25        business group but for the fact that the person is
26        prohibited under Section 1501(a)(27) from being

 

 

HB4204- 29 -LRB103 34178 HLH 64001 b

1        included in the unitary business group because he or
2        she is ordinarily required to apportion business
3        income under different subsections of Section 304, but
4        not to exceed the addition modification required to be
5        made for the same taxable year under Section
6        203(a)(2)(D-18) for intangible expenses and costs
7        paid, accrued, or incurred, directly or indirectly, to
8        the same foreign person. This subparagraph (EE) is
9        exempt from the provisions of Section 250;
10            (FF) An amount equal to any amount awarded to the
11        taxpayer during the taxable year by the Court of
12        Claims under subsection (c) of Section 8 of the Court
13        of Claims Act for time unjustly served in a State
14        prison. This subparagraph (FF) is exempt from the
15        provisions of Section 250;
16            (GG) For taxable years ending on or after December
17        31, 2011, in the case of a taxpayer who was required to
18        add back any insurance premiums under Section
19        203(a)(2)(D-19), such taxpayer may elect to subtract
20        that part of a reimbursement received from the
21        insurance company equal to the amount of the expense
22        or loss (including expenses incurred by the insurance
23        company) that would have been taken into account as a
24        deduction for federal income tax purposes if the
25        expense or loss had been uninsured. If a taxpayer
26        makes the election provided for by this subparagraph

 

 

HB4204- 30 -LRB103 34178 HLH 64001 b

1        (GG), the insurer to which the premiums were paid must
2        add back to income the amount subtracted by the
3        taxpayer pursuant to this subparagraph (GG). This
4        subparagraph (GG) is exempt from the provisions of
5        Section 250;
6            (HH) For taxable years beginning on or after
7        January 1, 2018 and prior to January 1, 2028, a maximum
8        of $10,000 contributed in the taxable year to a
9        qualified ABLE account under Section 16.6 of the State
10        Treasurer Act, except that amounts excluded from gross
11        income under Section 529(c)(3)(C)(i) or Section
12        529A(c)(1)(C) of the Internal Revenue Code shall not
13        be considered moneys contributed under this
14        subparagraph (HH). For purposes of this subparagraph
15        (HH), contributions made by an employer on behalf of
16        an employee, or matching contributions made by an
17        employee, shall be treated as made by the employee;
18        and
19            (II) For taxable years that begin on or after
20        January 1, 2021 and begin before January 1, 2026, the
21        amount that is included in the taxpayer's federal
22        adjusted gross income pursuant to Section 61 of the
23        Internal Revenue Code as discharge of indebtedness
24        attributable to student loan forgiveness and that is
25        not excluded from the taxpayer's federal adjusted
26        gross income pursuant to paragraph (5) of subsection

 

 

HB4204- 31 -LRB103 34178 HLH 64001 b

1        (f) of Section 108 of the Internal Revenue Code; and .
2            (JJ) For taxable years beginning on or after
3        January 1, 2024, an amount equal to the qualified
4        expenses paid or incurred by a qualified performing
5        artist, as defined in Section 62 of the federal
6        Internal Revenue Code, in connection with the
7        performances by the qualified performing artist in the
8        performing arts as an employee. As used in this
9        subparagraph (JJ), "qualified expenses" means
10        deductions allowed by Section 162 of the federal
11        Internal Revenue Code. This subparagraph (JJ) is
12        exempt from the provisions of Section 250.
 
13    (b) Corporations.
14        (1) In general. In the case of a corporation, base
15    income means an amount equal to the taxpayer's taxable
16    income for the taxable year as modified by paragraph (2).
17        (2) Modifications. The taxable income referred to in
18    paragraph (1) shall be modified by adding thereto the sum
19    of the following amounts:
20            (A) An amount equal to all amounts paid or accrued
21        to the taxpayer as interest and all distributions
22        received from regulated investment companies during
23        the taxable year to the extent excluded from gross
24        income in the computation of taxable income;
25            (B) An amount equal to the amount of tax imposed by

 

 

HB4204- 32 -LRB103 34178 HLH 64001 b

1        this Act to the extent deducted from gross income in
2        the computation of taxable income for the taxable
3        year;
4            (C) In the case of a regulated investment company,
5        an amount equal to the excess of (i) the net long-term
6        capital gain for the taxable year, over (ii) the
7        amount of the capital gain dividends designated as
8        such in accordance with Section 852(b)(3)(C) of the
9        Internal Revenue Code and any amount designated under
10        Section 852(b)(3)(D) of the Internal Revenue Code,
11        attributable to the taxable year (this amendatory Act
12        of 1995 (Public Act 89-89) is declarative of existing
13        law and is not a new enactment);
14            (D) The amount of any net operating loss deduction
15        taken in arriving at taxable income, other than a net
16        operating loss carried forward from a taxable year
17        ending prior to December 31, 1986;
18            (E) For taxable years in which a net operating
19        loss carryback or carryforward from a taxable year
20        ending prior to December 31, 1986 is an element of
21        taxable income under paragraph (1) of subsection (e)
22        or subparagraph (E) of paragraph (2) of subsection
23        (e), the amount by which addition modifications other
24        than those provided by this subparagraph (E) exceeded
25        subtraction modifications in such earlier taxable
26        year, with the following limitations applied in the

 

 

HB4204- 33 -LRB103 34178 HLH 64001 b

1        order that they are listed:
2                (i) the addition modification relating to the
3            net operating loss carried back or forward to the
4            taxable year from any taxable year ending prior to
5            December 31, 1986 shall be reduced by the amount
6            of addition modification under this subparagraph
7            (E) which related to that net operating loss and
8            which was taken into account in calculating the
9            base income of an earlier taxable year, and
10                (ii) the addition modification relating to the
11            net operating loss carried back or forward to the
12            taxable year from any taxable year ending prior to
13            December 31, 1986 shall not exceed the amount of
14            such carryback or carryforward;
15            For taxable years in which there is a net
16        operating loss carryback or carryforward from more
17        than one other taxable year ending prior to December
18        31, 1986, the addition modification provided in this
19        subparagraph (E) shall be the sum of the amounts
20        computed independently under the preceding provisions
21        of this subparagraph (E) for each such taxable year;
22            (E-5) For taxable years ending after December 31,
23        1997, an amount equal to any eligible remediation
24        costs that the corporation deducted in computing
25        adjusted gross income and for which the corporation
26        claims a credit under subsection (l) of Section 201;

 

 

HB4204- 34 -LRB103 34178 HLH 64001 b

1            (E-10) For taxable years 2001 and thereafter, an
2        amount equal to the bonus depreciation deduction taken
3        on the taxpayer's federal income tax return for the
4        taxable year under subsection (k) of Section 168 of
5        the Internal Revenue Code;
6            (E-11) If the taxpayer sells, transfers, abandons,
7        or otherwise disposes of property for which the
8        taxpayer was required in any taxable year to make an
9        addition modification under subparagraph (E-10), then
10        an amount equal to the aggregate amount of the
11        deductions taken in all taxable years under
12        subparagraph (T) with respect to that property.
13            If the taxpayer continues to own property through
14        the last day of the last tax year for which a
15        subtraction is allowed with respect to that property
16        under subparagraph (T) and for which the taxpayer was
17        allowed in any taxable year to make a subtraction
18        modification under subparagraph (T), then an amount
19        equal to that subtraction modification.
20            The taxpayer is required to make the addition
21        modification under this subparagraph only once with
22        respect to any one piece of property;
23            (E-12) An amount equal to the amount otherwise
24        allowed as a deduction in computing base income for
25        interest paid, accrued, or incurred, directly or
26        indirectly, (i) for taxable years ending on or after

 

 

HB4204- 35 -LRB103 34178 HLH 64001 b

1        December 31, 2004, to a foreign person who would be a
2        member of the same unitary business group but for the
3        fact the foreign person's business activity outside
4        the United States is 80% or more of the foreign
5        person's total business activity and (ii) for taxable
6        years ending on or after December 31, 2008, to a person
7        who would be a member of the same unitary business
8        group but for the fact that the person is prohibited
9        under Section 1501(a)(27) from being included in the
10        unitary business group because he or she is ordinarily
11        required to apportion business income under different
12        subsections of Section 304. The addition modification
13        required by this subparagraph shall be reduced to the
14        extent that dividends were included in base income of
15        the unitary group for the same taxable year and
16        received by the taxpayer or by a member of the
17        taxpayer's unitary business group (including amounts
18        included in gross income pursuant to Sections 951
19        through 964 of the Internal Revenue Code and amounts
20        included in gross income under Section 78 of the
21        Internal Revenue Code) with respect to the stock of
22        the same person to whom the interest was paid,
23        accrued, or incurred.
24            This paragraph shall not apply to the following:
25                (i) an item of interest paid, accrued, or
26            incurred, directly or indirectly, to a person who

 

 

HB4204- 36 -LRB103 34178 HLH 64001 b

1            is subject in a foreign country or state, other
2            than a state which requires mandatory unitary
3            reporting, to a tax on or measured by net income
4            with respect to such interest; or
5                (ii) an item of interest paid, accrued, or
6            incurred, directly or indirectly, to a person if
7            the taxpayer can establish, based on a
8            preponderance of the evidence, both of the
9            following:
10                    (a) the person, during the same taxable
11                year, paid, accrued, or incurred, the interest
12                to a person that is not a related member, and
13                    (b) the transaction giving rise to the
14                interest expense between the taxpayer and the
15                person did not have as a principal purpose the
16                avoidance of Illinois income tax, and is paid
17                pursuant to a contract or agreement that
18                reflects an arm's-length interest rate and
19                terms; or
20                (iii) the taxpayer can establish, based on
21            clear and convincing evidence, that the interest
22            paid, accrued, or incurred relates to a contract
23            or agreement entered into at arm's-length rates
24            and terms and the principal purpose for the
25            payment is not federal or Illinois tax avoidance;
26            or

 

 

HB4204- 37 -LRB103 34178 HLH 64001 b

1                (iv) an item of interest paid, accrued, or
2            incurred, directly or indirectly, to a person if
3            the taxpayer establishes by clear and convincing
4            evidence that the adjustments are unreasonable; or
5            if the taxpayer and the Director agree in writing
6            to the application or use of an alternative method
7            of apportionment under Section 304(f).
8                Nothing in this subsection shall preclude the
9            Director from making any other adjustment
10            otherwise allowed under Section 404 of this Act
11            for any tax year beginning after the effective
12            date of this amendment provided such adjustment is
13            made pursuant to regulation adopted by the
14            Department and such regulations provide methods
15            and standards by which the Department will utilize
16            its authority under Section 404 of this Act;
17            (E-13) An amount equal to the amount of intangible
18        expenses and costs otherwise allowed as a deduction in
19        computing base income, and that were paid, accrued, or
20        incurred, directly or indirectly, (i) for taxable
21        years ending on or after December 31, 2004, to a
22        foreign person who would be a member of the same
23        unitary business group but for the fact that the
24        foreign person's business activity outside the United
25        States is 80% or more of that person's total business
26        activity and (ii) for taxable years ending on or after

 

 

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1        December 31, 2008, to a person who would be a member of
2        the same unitary business group but for the fact that
3        the person is prohibited under Section 1501(a)(27)
4        from being included in the unitary business group
5        because he or she is ordinarily required to apportion
6        business income under different subsections of Section
7        304. The addition modification required by this
8        subparagraph shall be reduced to the extent that
9        dividends were included in base income of the unitary
10        group for the same taxable year and received by the
11        taxpayer or by a member of the taxpayer's unitary
12        business group (including amounts included in gross
13        income pursuant to Sections 951 through 964 of the
14        Internal Revenue Code and amounts included in gross
15        income under Section 78 of the Internal Revenue Code)
16        with respect to the stock of the same person to whom
17        the intangible expenses and costs were directly or
18        indirectly paid, incurred, or accrued. The preceding
19        sentence shall not apply to the extent that the same
20        dividends caused a reduction to the addition
21        modification required under Section 203(b)(2)(E-12) of
22        this Act. As used in this subparagraph, the term
23        "intangible expenses and costs" includes (1) expenses,
24        losses, and costs for, or related to, the direct or
25        indirect acquisition, use, maintenance or management,
26        ownership, sale, exchange, or any other disposition of

 

 

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1        intangible property; (2) losses incurred, directly or
2        indirectly, from factoring transactions or discounting
3        transactions; (3) royalty, patent, technical, and
4        copyright fees; (4) licensing fees; and (5) other
5        similar expenses and costs. For purposes of this
6        subparagraph, "intangible property" includes patents,
7        patent applications, trade names, trademarks, service
8        marks, copyrights, mask works, trade secrets, and
9        similar types of intangible assets.
10            This paragraph shall not apply to the following:
11                (i) any item of intangible expenses or costs
12            paid, accrued, or incurred, directly or
13            indirectly, from a transaction with a person who
14            is subject in a foreign country or state, other
15            than a state which requires mandatory unitary
16            reporting, to a tax on or measured by net income
17            with respect to such item; or
18                (ii) any item of intangible expense or cost
19            paid, accrued, or incurred, directly or
20            indirectly, if the taxpayer can establish, based
21            on a preponderance of the evidence, both of the
22            following:
23                    (a) the person during the same taxable
24                year paid, accrued, or incurred, the
25                intangible expense or cost to a person that is
26                not a related member, and

 

 

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1                    (b) the transaction giving rise to the
2                intangible expense or cost between the
3                taxpayer and the person did not have as a
4                principal purpose the avoidance of Illinois
5                income tax, and is paid pursuant to a contract
6                or agreement that reflects arm's-length terms;
7                or
8                (iii) any item of intangible expense or cost
9            paid, accrued, or incurred, directly or
10            indirectly, from a transaction with a person if
11            the taxpayer establishes by clear and convincing
12            evidence, that the adjustments are unreasonable;
13            or if the taxpayer and the Director agree in
14            writing to the application or use of an
15            alternative method of apportionment under Section
16            304(f);
17                Nothing in this subsection shall preclude the
18            Director from making any other adjustment
19            otherwise allowed under Section 404 of this Act
20            for any tax year beginning after the effective
21            date of this amendment provided such adjustment is
22            made pursuant to regulation adopted by the
23            Department and such regulations provide methods
24            and standards by which the Department will utilize
25            its authority under Section 404 of this Act;
26            (E-14) For taxable years ending on or after

 

 

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1        December 31, 2008, an amount equal to the amount of
2        insurance premium expenses and costs otherwise allowed
3        as a deduction in computing base income, and that were
4        paid, accrued, or incurred, directly or indirectly, to
5        a person who would be a member of the same unitary
6        business group but for the fact that the person is
7        prohibited under Section 1501(a)(27) from being
8        included in the unitary business group because he or
9        she is ordinarily required to apportion business
10        income under different subsections of Section 304. The
11        addition modification required by this subparagraph
12        shall be reduced to the extent that dividends were
13        included in base income of the unitary group for the
14        same taxable year and received by the taxpayer or by a
15        member of the taxpayer's unitary business group
16        (including amounts included in gross income under
17        Sections 951 through 964 of the Internal Revenue Code
18        and amounts included in gross income under Section 78
19        of the Internal Revenue Code) with respect to the
20        stock of the same person to whom the premiums and costs
21        were directly or indirectly paid, incurred, or
22        accrued. The preceding sentence does not apply to the
23        extent that the same dividends caused a reduction to
24        the addition modification required under Section
25        203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
26        Act;

 

 

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1            (E-15) For taxable years beginning after December
2        31, 2008, any deduction for dividends paid by a
3        captive real estate investment trust that is allowed
4        to a real estate investment trust under Section
5        857(b)(2)(B) of the Internal Revenue Code for
6        dividends paid;
7            (E-16) An amount equal to the credit allowable to
8        the taxpayer under Section 218(a) of this Act,
9        determined without regard to Section 218(c) of this
10        Act;
11            (E-17) For taxable years ending on or after
12        December 31, 2017, an amount equal to the deduction
13        allowed under Section 199 of the Internal Revenue Code
14        for the taxable year;
15            (E-18) for taxable years beginning after December
16        31, 2018, an amount equal to the deduction allowed
17        under Section 250(a)(1)(A) of the Internal Revenue
18        Code for the taxable year;
19            (E-19) for taxable years ending on or after June
20        30, 2021, an amount equal to the deduction allowed
21        under Section 250(a)(1)(B)(i) of the Internal Revenue
22        Code for the taxable year;
23            (E-20) for taxable years ending on or after June
24        30, 2021, an amount equal to the deduction allowed
25        under Sections 243(e) and 245A(a) of the Internal
26        Revenue Code for the taxable year.

 

 

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1    and by deducting from the total so obtained the sum of the
2    following amounts:
3            (F) An amount equal to the amount of any tax
4        imposed by this Act which was refunded to the taxpayer
5        and included in such total for the taxable year;
6            (G) An amount equal to any amount included in such
7        total under Section 78 of the Internal Revenue Code;
8            (H) In the case of a regulated investment company,
9        an amount equal to the amount of exempt interest
10        dividends as defined in subsection (b)(5) of Section
11        852 of the Internal Revenue Code, paid to shareholders
12        for the taxable year;
13            (I) With the exception of any amounts subtracted
14        under subparagraph (J), an amount equal to the sum of
15        all amounts disallowed as deductions by (i) Sections
16        171(a)(2) and 265(a)(2) and amounts disallowed as
17        interest expense by Section 291(a)(3) of the Internal
18        Revenue Code, and all amounts of expenses allocable to
19        interest and disallowed as deductions by Section
20        265(a)(1) of the Internal Revenue Code; and (ii) for
21        taxable years ending on or after August 13, 1999,
22        Sections 171(a)(2), 265, 280C, 291(a)(3), and
23        832(b)(5)(B)(i) of the Internal Revenue Code, plus,
24        for tax years ending on or after December 31, 2011,
25        amounts disallowed as deductions by Section 45G(e)(3)
26        of the Internal Revenue Code and, for taxable years

 

 

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1        ending on or after December 31, 2008, any amount
2        included in gross income under Section 87 of the
3        Internal Revenue Code and the policyholders' share of
4        tax-exempt interest of a life insurance company under
5        Section 807(a)(2)(B) of the Internal Revenue Code (in
6        the case of a life insurance company with gross income
7        from a decrease in reserves for the tax year) or
8        Section 807(b)(1)(B) of the Internal Revenue Code (in
9        the case of a life insurance company allowed a
10        deduction for an increase in reserves for the tax
11        year); the provisions of this subparagraph are exempt
12        from the provisions of Section 250;
13            (J) An amount equal to all amounts included in
14        such total which are exempt from taxation by this
15        State either by reason of its statutes or Constitution
16        or by reason of the Constitution, treaties or statutes
17        of the United States; provided that, in the case of any
18        statute of this State that exempts income derived from
19        bonds or other obligations from the tax imposed under
20        this Act, the amount exempted shall be the interest
21        net of bond premium amortization;
22            (K) An amount equal to those dividends included in
23        such total which were paid by a corporation which
24        conducts business operations in a River Edge
25        Redevelopment Zone or zones created under the River
26        Edge Redevelopment Zone Act and conducts substantially

 

 

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1        all of its operations in a River Edge Redevelopment
2        Zone or zones. This subparagraph (K) is exempt from
3        the provisions of Section 250;
4            (L) An amount equal to those dividends included in
5        such total that were paid by a corporation that
6        conducts business operations in a federally designated
7        Foreign Trade Zone or Sub-Zone and that is designated
8        a High Impact Business located in Illinois; provided
9        that dividends eligible for the deduction provided in
10        subparagraph (K) of paragraph 2 of this subsection
11        shall not be eligible for the deduction provided under
12        this subparagraph (L);
13            (M) For any taxpayer that is a financial
14        organization within the meaning of Section 304(c) of
15        this Act, an amount included in such total as interest
16        income from a loan or loans made by such taxpayer to a
17        borrower, to the extent that such a loan is secured by
18        property which is eligible for the River Edge
19        Redevelopment Zone Investment Credit. To determine the
20        portion of a loan or loans that is secured by property
21        eligible for a Section 201(f) investment credit to the
22        borrower, the entire principal amount of the loan or
23        loans between the taxpayer and the borrower should be
24        divided into the basis of the Section 201(f)
25        investment credit property which secures the loan or
26        loans, using for this purpose the original basis of

 

 

HB4204- 46 -LRB103 34178 HLH 64001 b

1        such property on the date that it was placed in service
2        in the River Edge Redevelopment Zone. The subtraction
3        modification available to the taxpayer in any year
4        under this subsection shall be that portion of the
5        total interest paid by the borrower with respect to
6        such loan attributable to the eligible property as
7        calculated under the previous sentence. This
8        subparagraph (M) is exempt from the provisions of
9        Section 250;
10            (M-1) For any taxpayer that is a financial
11        organization within the meaning of Section 304(c) of
12        this Act, an amount included in such total as interest
13        income from a loan or loans made by such taxpayer to a
14        borrower, to the extent that such a loan is secured by
15        property which is eligible for the High Impact
16        Business Investment Credit. To determine the portion
17        of a loan or loans that is secured by property eligible
18        for a Section 201(h) investment credit to the
19        borrower, the entire principal amount of the loan or
20        loans between the taxpayer and the borrower should be
21        divided into the basis of the Section 201(h)
22        investment credit property which secures the loan or
23        loans, using for this purpose the original basis of
24        such property on the date that it was placed in service
25        in a federally designated Foreign Trade Zone or
26        Sub-Zone located in Illinois. No taxpayer that is

 

 

HB4204- 47 -LRB103 34178 HLH 64001 b

1        eligible for the deduction provided in subparagraph
2        (M) of paragraph (2) of this subsection shall be
3        eligible for the deduction provided under this
4        subparagraph (M-1). The subtraction modification
5        available to taxpayers in any year under this
6        subsection shall be that portion of the total interest
7        paid by the borrower with respect to such loan
8        attributable to the eligible property as calculated
9        under the previous sentence;
10            (N) Two times any contribution made during the
11        taxable year to a designated zone organization to the
12        extent that the contribution (i) qualifies as a
13        charitable contribution under subsection (c) of
14        Section 170 of the Internal Revenue Code and (ii)
15        must, by its terms, be used for a project approved by
16        the Department of Commerce and Economic Opportunity
17        under Section 11 of the Illinois Enterprise Zone Act
18        or under Section 10-10 of the River Edge Redevelopment
19        Zone Act. This subparagraph (N) is exempt from the
20        provisions of Section 250;
21            (O) An amount equal to: (i) 85% for taxable years
22        ending on or before December 31, 1992, or, a
23        percentage equal to the percentage allowable under
24        Section 243(a)(1) of the Internal Revenue Code of 1986
25        for taxable years ending after December 31, 1992, of
26        the amount by which dividends included in taxable

 

 

HB4204- 48 -LRB103 34178 HLH 64001 b

1        income and received from a corporation that is not
2        created or organized under the laws of the United
3        States or any state or political subdivision thereof,
4        including, for taxable years ending on or after
5        December 31, 1988, dividends received or deemed
6        received or paid or deemed paid under Sections 951
7        through 965 of the Internal Revenue Code, exceed the
8        amount of the modification provided under subparagraph
9        (G) of paragraph (2) of this subsection (b) which is
10        related to such dividends, and including, for taxable
11        years ending on or after December 31, 2008, dividends
12        received from a captive real estate investment trust;
13        plus (ii) 100% of the amount by which dividends,
14        included in taxable income and received, including,
15        for taxable years ending on or after December 31,
16        1988, dividends received or deemed received or paid or
17        deemed paid under Sections 951 through 964 of the
18        Internal Revenue Code and including, for taxable years
19        ending on or after December 31, 2008, dividends
20        received from a captive real estate investment trust,
21        from any such corporation specified in clause (i) that
22        would but for the provisions of Section 1504(b)(3) of
23        the Internal Revenue Code be treated as a member of the
24        affiliated group which includes the dividend
25        recipient, exceed the amount of the modification
26        provided under subparagraph (G) of paragraph (2) of

 

 

HB4204- 49 -LRB103 34178 HLH 64001 b

1        this subsection (b) which is related to such
2        dividends. For taxable years ending on or after June
3        30, 2021, (i) for purposes of this subparagraph, the
4        term "dividend" does not include any amount treated as
5        a dividend under Section 1248 of the Internal Revenue
6        Code, and (ii) this subparagraph shall not apply to
7        dividends for which a deduction is allowed under
8        Section 245(a) of the Internal Revenue Code. This
9        subparagraph (O) is exempt from the provisions of
10        Section 250 of this Act;
11            (P) An amount equal to any contribution made to a
12        job training project established pursuant to the Tax
13        Increment Allocation Redevelopment Act;
14            (Q) An amount equal to the amount of the deduction
15        used to compute the federal income tax credit for
16        restoration of substantial amounts held under claim of
17        right for the taxable year pursuant to Section 1341 of
18        the Internal Revenue Code;
19            (R) On and after July 20, 1999, in the case of an
20        attorney-in-fact with respect to whom an interinsurer
21        or a reciprocal insurer has made the election under
22        Section 835 of the Internal Revenue Code, 26 U.S.C.
23        835, an amount equal to the excess, if any, of the
24        amounts paid or incurred by that interinsurer or
25        reciprocal insurer in the taxable year to the
26        attorney-in-fact over the deduction allowed to that

 

 

HB4204- 50 -LRB103 34178 HLH 64001 b

1        interinsurer or reciprocal insurer with respect to the
2        attorney-in-fact under Section 835(b) of the Internal
3        Revenue Code for the taxable year; the provisions of
4        this subparagraph are exempt from the provisions of
5        Section 250;
6            (S) For taxable years ending on or after December
7        31, 1997, in the case of a Subchapter S corporation, an
8        amount equal to all amounts of income allocable to a
9        shareholder subject to the Personal Property Tax
10        Replacement Income Tax imposed by subsections (c) and
11        (d) of Section 201 of this Act, including amounts
12        allocable to organizations exempt from federal income
13        tax by reason of Section 501(a) of the Internal
14        Revenue Code. This subparagraph (S) is exempt from the
15        provisions of Section 250;
16            (T) For taxable years 2001 and thereafter, for the
17        taxable year in which the bonus depreciation deduction
18        is taken on the taxpayer's federal income tax return
19        under subsection (k) of Section 168 of the Internal
20        Revenue Code and for each applicable taxable year
21        thereafter, an amount equal to "x", where:
22                (1) "y" equals the amount of the depreciation
23            deduction taken for the taxable year on the
24            taxpayer's federal income tax return on property
25            for which the bonus depreciation deduction was
26            taken in any year under subsection (k) of Section

 

 

HB4204- 51 -LRB103 34178 HLH 64001 b

1            168 of the Internal Revenue Code, but not
2            including the bonus depreciation deduction;
3                (2) for taxable years ending on or before
4            December 31, 2005, "x" equals "y" multiplied by 30
5            and then divided by 70 (or "y" multiplied by
6            0.429); and
7                (3) for taxable years ending after December
8            31, 2005:
9                    (i) for property on which a bonus
10                depreciation deduction of 30% of the adjusted
11                basis was taken, "x" equals "y" multiplied by
12                30 and then divided by 70 (or "y" multiplied
13                by 0.429);
14                    (ii) for property on which a bonus
15                depreciation deduction of 50% of the adjusted
16                basis was taken, "x" equals "y" multiplied by
17                1.0;
18                    (iii) for property on which a bonus
19                depreciation deduction of 100% of the adjusted
20                basis was taken in a taxable year ending on or
21                after December 31, 2021, "x" equals the
22                depreciation deduction that would be allowed
23                on that property if the taxpayer had made the
24                election under Section 168(k)(7) of the
25                Internal Revenue Code to not claim bonus
26                depreciation on that property; and

 

 

HB4204- 52 -LRB103 34178 HLH 64001 b

1                    (iv) for property on which a bonus
2                depreciation deduction of a percentage other
3                than 30%, 50% or 100% of the adjusted basis
4                was taken in a taxable year ending on or after
5                December 31, 2021, "x" equals "y" multiplied
6                by 100 times the percentage bonus depreciation
7                on the property (that is, 100(bonus%)) and
8                then divided by 100 times 1 minus the
9                percentage bonus depreciation on the property
10                (that is, 100(1–bonus%)).
11            The aggregate amount deducted under this
12        subparagraph in all taxable years for any one piece of
13        property may not exceed the amount of the bonus
14        depreciation deduction taken on that property on the
15        taxpayer's federal income tax return under subsection
16        (k) of Section 168 of the Internal Revenue Code. This
17        subparagraph (T) is exempt from the provisions of
18        Section 250;
19            (U) If the taxpayer sells, transfers, abandons, or
20        otherwise disposes of property for which the taxpayer
21        was required in any taxable year to make an addition
22        modification under subparagraph (E-10), then an amount
23        equal to that addition modification.
24            If the taxpayer continues to own property through
25        the last day of the last tax year for which a
26        subtraction is allowed with respect to that property

 

 

HB4204- 53 -LRB103 34178 HLH 64001 b

1        under subparagraph (T) and for which the taxpayer was
2        required in any taxable year to make an addition
3        modification under subparagraph (E-10), then an amount
4        equal to that addition modification.
5            The taxpayer is allowed to take the deduction
6        under this subparagraph only once with respect to any
7        one piece of property.
8            This subparagraph (U) is exempt from the
9        provisions of Section 250;
10            (V) The amount of: (i) any interest income (net of
11        the deductions allocable thereto) taken into account
12        for the taxable year with respect to a transaction
13        with a taxpayer that is required to make an addition
14        modification with respect to such transaction under
15        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
16        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
17        the amount of such addition modification, (ii) any
18        income from intangible property (net of the deductions
19        allocable thereto) taken into account for the taxable
20        year with respect to a transaction with a taxpayer
21        that is required to make an addition modification with
22        respect to such transaction under Section
23        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
24        203(d)(2)(D-8), but not to exceed the amount of such
25        addition modification, and (iii) any insurance premium
26        income (net of deductions allocable thereto) taken

 

 

HB4204- 54 -LRB103 34178 HLH 64001 b

1        into account for the taxable year with respect to a
2        transaction with a taxpayer that is required to make
3        an addition modification with respect to such
4        transaction under Section 203(a)(2)(D-19), Section
5        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
6        203(d)(2)(D-9), but not to exceed the amount of that
7        addition modification. This subparagraph (V) is exempt
8        from the provisions of Section 250;
9            (W) An amount equal to the interest income taken
10        into account for the taxable year (net of the
11        deductions allocable thereto) with respect to
12        transactions with (i) a foreign person who would be a
13        member of the taxpayer's unitary business group but
14        for the fact that the foreign person's business
15        activity outside the United States is 80% or more of
16        that person's total business activity and (ii) for
17        taxable years ending on or after December 31, 2008, to
18        a person who would be a member of the same unitary
19        business group but for the fact that the person is
20        prohibited under Section 1501(a)(27) from being
21        included in the unitary business group because he or
22        she is ordinarily required to apportion business
23        income under different subsections of Section 304, but
24        not to exceed the addition modification required to be
25        made for the same taxable year under Section
26        203(b)(2)(E-12) for interest paid, accrued, or

 

 

HB4204- 55 -LRB103 34178 HLH 64001 b

1        incurred, directly or indirectly, to the same person.
2        This subparagraph (W) is exempt from the provisions of
3        Section 250;
4            (X) An amount equal to the income from intangible
5        property taken into account for the taxable year (net
6        of the deductions allocable thereto) with respect to
7        transactions with (i) a foreign person who would be a
8        member of the taxpayer's unitary business group but
9        for the fact that the foreign person's business
10        activity outside the United States is 80% or more of
11        that person's total business activity and (ii) for
12        taxable years ending on or after December 31, 2008, to
13        a person who would be a member of the same unitary
14        business group but for the fact that the person is
15        prohibited under Section 1501(a)(27) from being
16        included in the unitary business group because he or
17        she is ordinarily required to apportion business
18        income under different subsections of Section 304, but
19        not to exceed the addition modification required to be
20        made for the same taxable year under Section
21        203(b)(2)(E-13) for intangible expenses and costs
22        paid, accrued, or incurred, directly or indirectly, to
23        the same foreign person. This subparagraph (X) is
24        exempt from the provisions of Section 250;
25            (Y) For taxable years ending on or after December
26        31, 2011, in the case of a taxpayer who was required to

 

 

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1        add back any insurance premiums under Section
2        203(b)(2)(E-14), such taxpayer may elect to subtract
3        that part of a reimbursement received from the
4        insurance company equal to the amount of the expense
5        or loss (including expenses incurred by the insurance
6        company) that would have been taken into account as a
7        deduction for federal income tax purposes if the
8        expense or loss had been uninsured. If a taxpayer
9        makes the election provided for by this subparagraph
10        (Y), the insurer to which the premiums were paid must
11        add back to income the amount subtracted by the
12        taxpayer pursuant to this subparagraph (Y). This
13        subparagraph (Y) is exempt from the provisions of
14        Section 250; and
15            (Z) The difference between the nondeductible
16        controlled foreign corporation dividends under Section
17        965(e)(3) of the Internal Revenue Code over the
18        taxable income of the taxpayer, computed without
19        regard to Section 965(e)(2)(A) of the Internal Revenue
20        Code, and without regard to any net operating loss
21        deduction. This subparagraph (Z) is exempt from the
22        provisions of Section 250.
23        (3) Special rule. For purposes of paragraph (2)(A),
24    "gross income" in the case of a life insurance company,
25    for tax years ending on and after December 31, 1994, and
26    prior to December 31, 2011, shall mean the gross

 

 

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1    investment income for the taxable year and, for tax years
2    ending on or after December 31, 2011, shall mean all
3    amounts included in life insurance gross income under
4    Section 803(a)(3) of the Internal Revenue Code.
 
5    (c) Trusts and estates.
6        (1) In general. In the case of a trust or estate, base
7    income means an amount equal to the taxpayer's taxable
8    income for the taxable year as modified by paragraph (2).
9        (2) Modifications. Subject to the provisions of
10    paragraph (3), the taxable income referred to in paragraph
11    (1) shall be modified by adding thereto the sum of the
12    following amounts:
13            (A) An amount equal to all amounts paid or accrued
14        to the taxpayer as interest or dividends during the
15        taxable year to the extent excluded from gross income
16        in the computation of taxable income;
17            (B) In the case of (i) an estate, $600; (ii) a
18        trust which, under its governing instrument, is
19        required to distribute all of its income currently,
20        $300; and (iii) any other trust, $100, but in each such
21        case, only to the extent such amount was deducted in
22        the computation of taxable income;
23            (C) An amount equal to the amount of tax imposed by
24        this Act to the extent deducted from gross income in
25        the computation of taxable income for the taxable

 

 

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1        year;
2            (D) The amount of any net operating loss deduction
3        taken in arriving at taxable income, other than a net
4        operating loss carried forward from a taxable year
5        ending prior to December 31, 1986;
6            (E) For taxable years in which a net operating
7        loss carryback or carryforward from a taxable year
8        ending prior to December 31, 1986 is an element of
9        taxable income under paragraph (1) of subsection (e)
10        or subparagraph (E) of paragraph (2) of subsection
11        (e), the amount by which addition modifications other
12        than those provided by this subparagraph (E) exceeded
13        subtraction modifications in such taxable year, with
14        the following limitations applied in the order that
15        they are listed:
16                (i) the addition modification relating to the
17            net operating loss carried back or forward to the
18            taxable year from any taxable year ending prior to
19            December 31, 1986 shall be reduced by the amount
20            of addition modification under this subparagraph
21            (E) which related to that net operating loss and
22            which was taken into account in calculating the
23            base income of an earlier taxable year, and
24                (ii) the addition modification relating to the
25            net operating loss carried back or forward to the
26            taxable year from any taxable year ending prior to

 

 

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1            December 31, 1986 shall not exceed the amount of
2            such carryback or carryforward;
3            For taxable years in which there is a net
4        operating loss carryback or carryforward from more
5        than one other taxable year ending prior to December
6        31, 1986, the addition modification provided in this
7        subparagraph (E) shall be the sum of the amounts
8        computed independently under the preceding provisions
9        of this subparagraph (E) for each such taxable year;
10            (F) For taxable years ending on or after January
11        1, 1989, an amount equal to the tax deducted pursuant
12        to Section 164 of the Internal Revenue Code if the
13        trust or estate is claiming the same tax for purposes
14        of the Illinois foreign tax credit under Section 601
15        of this Act;
16            (G) An amount equal to the amount of the capital
17        gain deduction allowable under the Internal Revenue
18        Code, to the extent deducted from gross income in the
19        computation of taxable income;
20            (G-5) For taxable years ending after December 31,
21        1997, an amount equal to any eligible remediation
22        costs that the trust or estate deducted in computing
23        adjusted gross income and for which the trust or
24        estate claims a credit under subsection (l) of Section
25        201;
26            (G-10) For taxable years 2001 and thereafter, an

 

 

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1        amount equal to the bonus depreciation deduction taken
2        on the taxpayer's federal income tax return for the
3        taxable year under subsection (k) of Section 168 of
4        the Internal Revenue Code; and
5            (G-11) If the taxpayer sells, transfers, abandons,
6        or otherwise disposes of property for which the
7        taxpayer was required in any taxable year to make an
8        addition modification under subparagraph (G-10), then
9        an amount equal to the aggregate amount of the
10        deductions taken in all taxable years under
11        subparagraph (R) with respect to that property.
12            If the taxpayer continues to own property through
13        the last day of the last tax year for which a
14        subtraction is allowed with respect to that property
15        under subparagraph (R) and for which the taxpayer was
16        allowed in any taxable year to make a subtraction
17        modification under subparagraph (R), then an amount
18        equal to that subtraction modification.
19            The taxpayer is required to make the addition
20        modification under this subparagraph only once with
21        respect to any one piece of property;
22            (G-12) An amount equal to the amount otherwise
23        allowed as a deduction in computing base income for
24        interest paid, accrued, or incurred, directly or
25        indirectly, (i) for taxable years ending on or after
26        December 31, 2004, to a foreign person who would be a

 

 

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1        member of the same unitary business group but for the
2        fact that the foreign person's business activity
3        outside the United States is 80% or more of the foreign
4        person's total business activity and (ii) for taxable
5        years ending on or after December 31, 2008, to a person
6        who would be a member of the same unitary business
7        group but for the fact that the person is prohibited
8        under Section 1501(a)(27) from being included in the
9        unitary business group because he or she is ordinarily
10        required to apportion business income under different
11        subsections of Section 304. The addition modification
12        required by this subparagraph shall be reduced to the
13        extent that dividends were included in base income of
14        the unitary group for the same taxable year and
15        received by the taxpayer or by a member of the
16        taxpayer's unitary business group (including amounts
17        included in gross income pursuant to Sections 951
18        through 964 of the Internal Revenue Code and amounts
19        included in gross income under Section 78 of the
20        Internal Revenue Code) with respect to the stock of
21        the same person to whom the interest was paid,
22        accrued, or incurred.
23            This paragraph shall not apply to the following:
24                (i) an item of interest paid, accrued, or
25            incurred, directly or indirectly, to a person who
26            is subject in a foreign country or state, other

 

 

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1            than a state which requires mandatory unitary
2            reporting, to a tax on or measured by net income
3            with respect to such interest; or
4                (ii) an item of interest paid, accrued, or
5            incurred, directly or indirectly, to a person if
6            the taxpayer can establish, based on a
7            preponderance of the evidence, both of the
8            following:
9                    (a) the person, during the same taxable
10                year, paid, accrued, or incurred, the interest
11                to a person that is not a related member, and
12                    (b) the transaction giving rise to the
13                interest expense between the taxpayer and the
14                person did not have as a principal purpose the
15                avoidance of Illinois income tax, and is paid
16                pursuant to a contract or agreement that
17                reflects an arm's-length interest rate and
18                terms; or
19                (iii) the taxpayer can establish, based on
20            clear and convincing evidence, that the interest
21            paid, accrued, or incurred relates to a contract
22            or agreement entered into at arm's-length rates
23            and terms and the principal purpose for the
24            payment is not federal or Illinois tax avoidance;
25            or
26                (iv) an item of interest paid, accrued, or

 

 

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1            incurred, directly or indirectly, to a person if
2            the taxpayer establishes by clear and convincing
3            evidence that the adjustments are unreasonable; or
4            if the taxpayer and the Director agree in writing
5            to the application or use of an alternative method
6            of apportionment under Section 304(f).
7                Nothing in this subsection shall preclude the
8            Director from making any other adjustment
9            otherwise allowed under Section 404 of this Act
10            for any tax year beginning after the effective
11            date of this amendment provided such adjustment is
12            made pursuant to regulation adopted by the
13            Department and such regulations provide methods
14            and standards by which the Department will utilize
15            its authority under Section 404 of this Act;
16            (G-13) An amount equal to the amount of intangible
17        expenses and costs otherwise allowed as a deduction in
18        computing base income, and that were paid, accrued, or
19        incurred, directly or indirectly, (i) for taxable
20        years ending on or after December 31, 2004, to a
21        foreign person who would be a member of the same
22        unitary business group but for the fact that the
23        foreign person's business activity outside the United
24        States is 80% or more of that person's total business
25        activity and (ii) for taxable years ending on or after
26        December 31, 2008, to a person who would be a member of

 

 

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1        the same unitary business group but for the fact that
2        the person is prohibited under Section 1501(a)(27)
3        from being included in the unitary business group
4        because he or she is ordinarily required to apportion
5        business income under different subsections of Section
6        304. The addition modification required by this
7        subparagraph shall be reduced to the extent that
8        dividends were included in base income of the unitary
9        group for the same taxable year and received by the
10        taxpayer or by a member of the taxpayer's unitary
11        business group (including amounts included in gross
12        income pursuant to Sections 951 through 964 of the
13        Internal Revenue Code and amounts included in gross
14        income under Section 78 of the Internal Revenue Code)
15        with respect to the stock of the same person to whom
16        the intangible expenses and costs were directly or
17        indirectly paid, incurred, or accrued. The preceding
18        sentence shall not apply to the extent that the same
19        dividends caused a reduction to the addition
20        modification required under Section 203(c)(2)(G-12) of
21        this Act. As used in this subparagraph, the term
22        "intangible expenses and costs" includes: (1)
23        expenses, losses, and costs for or related to the
24        direct or indirect acquisition, use, maintenance or
25        management, ownership, sale, exchange, or any other
26        disposition of intangible property; (2) losses

 

 

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1        incurred, directly or indirectly, from factoring
2        transactions or discounting transactions; (3) royalty,
3        patent, technical, and copyright fees; (4) licensing
4        fees; and (5) other similar expenses and costs. For
5        purposes of this subparagraph, "intangible property"
6        includes patents, patent applications, trade names,
7        trademarks, service marks, copyrights, mask works,
8        trade secrets, and similar types of intangible assets.
9            This paragraph shall not apply to the following:
10                (i) any item of intangible expenses or costs
11            paid, accrued, or incurred, directly or
12            indirectly, from a transaction with a person who
13            is subject in a foreign country or state, other
14            than a state which requires mandatory unitary
15            reporting, to a tax on or measured by net income
16            with respect to such item; or
17                (ii) any item of intangible expense or cost
18            paid, accrued, or incurred, directly or
19            indirectly, if the taxpayer can establish, based
20            on a preponderance of the evidence, both of the
21            following:
22                    (a) the person during the same taxable
23                year paid, accrued, or incurred, the
24                intangible expense or cost to a person that is
25                not a related member, and
26                    (b) the transaction giving rise to the

 

 

HB4204- 66 -LRB103 34178 HLH 64001 b

1                intangible expense or cost between the
2                taxpayer and the person did not have as a
3                principal purpose the avoidance of Illinois
4                income tax, and is paid pursuant to a contract
5                or agreement that reflects arm's-length terms;
6                or
7                (iii) any item of intangible expense or cost
8            paid, accrued, or incurred, directly or
9            indirectly, from a transaction with a person if
10            the taxpayer establishes by clear and convincing
11            evidence, that the adjustments are unreasonable;
12            or if the taxpayer and the Director agree in
13            writing to the application or use of an
14            alternative method of apportionment under Section
15            304(f);
16                Nothing in this subsection shall preclude the
17            Director from making any other adjustment
18            otherwise allowed under Section 404 of this Act
19            for any tax year beginning after the effective
20            date of this amendment provided such adjustment is
21            made pursuant to regulation adopted by the
22            Department and such regulations provide methods
23            and standards by which the Department will utilize
24            its authority under Section 404 of this Act;
25            (G-14) For taxable years ending on or after
26        December 31, 2008, an amount equal to the amount of

 

 

HB4204- 67 -LRB103 34178 HLH 64001 b

1        insurance premium expenses and costs otherwise allowed
2        as a deduction in computing base income, and that were
3        paid, accrued, or incurred, directly or indirectly, to
4        a person who would be a member of the same unitary
5        business group but for the fact that the person is
6        prohibited under Section 1501(a)(27) from being
7        included in the unitary business group because he or
8        she is ordinarily required to apportion business
9        income under different subsections of Section 304. The
10        addition modification required by this subparagraph
11        shall be reduced to the extent that dividends were
12        included in base income of the unitary group for the
13        same taxable year and received by the taxpayer or by a
14        member of the taxpayer's unitary business group
15        (including amounts included in gross income under
16        Sections 951 through 964 of the Internal Revenue Code
17        and amounts included in gross income under Section 78
18        of the Internal Revenue Code) with respect to the
19        stock of the same person to whom the premiums and costs
20        were directly or indirectly paid, incurred, or
21        accrued. The preceding sentence does not apply to the
22        extent that the same dividends caused a reduction to
23        the addition modification required under Section
24        203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
25        Act;
26            (G-15) An amount equal to the credit allowable to

 

 

HB4204- 68 -LRB103 34178 HLH 64001 b

1        the taxpayer under Section 218(a) of this Act,
2        determined without regard to Section 218(c) of this
3        Act;
4            (G-16) For taxable years ending on or after
5        December 31, 2017, an amount equal to the deduction
6        allowed under Section 199 of the Internal Revenue Code
7        for the taxable year;
8    and by deducting from the total so obtained the sum of the
9    following amounts:
10            (H) An amount equal to all amounts included in
11        such total pursuant to the provisions of Sections
12        402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
13        of the Internal Revenue Code or included in such total
14        as distributions under the provisions of any
15        retirement or disability plan for employees of any
16        governmental agency or unit, or retirement payments to
17        retired partners, which payments are excluded in
18        computing net earnings from self employment by Section
19        1402 of the Internal Revenue Code and regulations
20        adopted pursuant thereto;
21            (I) The valuation limitation amount;
22            (J) An amount equal to the amount of any tax
23        imposed by this Act which was refunded to the taxpayer
24        and included in such total for the taxable year;
25            (K) An amount equal to all amounts included in
26        taxable income as modified by subparagraphs (A), (B),

 

 

HB4204- 69 -LRB103 34178 HLH 64001 b

1        (C), (D), (E), (F) and (G) which are exempt from
2        taxation by this State either by reason of its
3        statutes or Constitution or by reason of the
4        Constitution, treaties or statutes of the United
5        States; provided that, in the case of any statute of
6        this State that exempts income derived from bonds or
7        other obligations from the tax imposed under this Act,
8        the amount exempted shall be the interest net of bond
9        premium amortization;
10            (L) With the exception of any amounts subtracted
11        under subparagraph (K), an amount equal to the sum of
12        all amounts disallowed as deductions by (i) Sections
13        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
14        and all amounts of expenses allocable to interest and
15        disallowed as deductions by Section 265(a)(1) of the
16        Internal Revenue Code; and (ii) for taxable years
17        ending on or after August 13, 1999, Sections
18        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
19        Internal Revenue Code, plus, (iii) for taxable years
20        ending on or after December 31, 2011, Section
21        45G(e)(3) of the Internal Revenue Code and, for
22        taxable years ending on or after December 31, 2008,
23        any amount included in gross income under Section 87
24        of the Internal Revenue Code; the provisions of this
25        subparagraph are exempt from the provisions of Section
26        250;

 

 

HB4204- 70 -LRB103 34178 HLH 64001 b

1            (M) An amount equal to those dividends included in
2        such total which were paid by a corporation which
3        conducts business operations in a River Edge
4        Redevelopment Zone or zones created under the River
5        Edge Redevelopment Zone Act and conducts substantially
6        all of its operations in a River Edge Redevelopment
7        Zone or zones. This subparagraph (M) is exempt from
8        the provisions of Section 250;
9            (N) An amount equal to any contribution made to a
10        job training project established pursuant to the Tax
11        Increment Allocation Redevelopment Act;
12            (O) An amount equal to those dividends included in
13        such total that were paid by a corporation that
14        conducts business operations in a federally designated
15        Foreign Trade Zone or Sub-Zone and that is designated
16        a High Impact Business located in Illinois; provided
17        that dividends eligible for the deduction provided in
18        subparagraph (M) of paragraph (2) of this subsection
19        shall not be eligible for the deduction provided under
20        this subparagraph (O);
21            (P) An amount equal to the amount of the deduction
22        used to compute the federal income tax credit for
23        restoration of substantial amounts held under claim of
24        right for the taxable year pursuant to Section 1341 of
25        the Internal Revenue Code;
26            (Q) For taxable year 1999 and thereafter, an

 

 

HB4204- 71 -LRB103 34178 HLH 64001 b

1        amount equal to the amount of any (i) distributions,
2        to the extent includible in gross income for federal
3        income tax purposes, made to the taxpayer because of
4        his or her status as a victim of persecution for racial
5        or religious reasons by Nazi Germany or any other Axis
6        regime or as an heir of the victim and (ii) items of
7        income, to the extent includible in gross income for
8        federal income tax purposes, attributable to, derived
9        from or in any way related to assets stolen from,
10        hidden from, or otherwise lost to a victim of
11        persecution for racial or religious reasons by Nazi
12        Germany or any other Axis regime immediately prior to,
13        during, and immediately after World War II, including,
14        but not limited to, interest on the proceeds
15        receivable as insurance under policies issued to a
16        victim of persecution for racial or religious reasons
17        by Nazi Germany or any other Axis regime by European
18        insurance companies immediately prior to and during
19        World War II; provided, however, this subtraction from
20        federal adjusted gross income does not apply to assets
21        acquired with such assets or with the proceeds from
22        the sale of such assets; provided, further, this
23        paragraph shall only apply to a taxpayer who was the
24        first recipient of such assets after their recovery
25        and who is a victim of persecution for racial or
26        religious reasons by Nazi Germany or any other Axis

 

 

HB4204- 72 -LRB103 34178 HLH 64001 b

1        regime or as an heir of the victim. The amount of and
2        the eligibility for any public assistance, benefit, or
3        similar entitlement is not affected by the inclusion
4        of items (i) and (ii) of this paragraph in gross income
5        for federal income tax purposes. This paragraph is
6        exempt from the provisions of Section 250;
7            (R) For taxable years 2001 and thereafter, for the
8        taxable year in which the bonus depreciation deduction
9        is taken on the taxpayer's federal income tax return
10        under subsection (k) of Section 168 of the Internal
11        Revenue Code and for each applicable taxable year
12        thereafter, an amount equal to "x", where:
13                (1) "y" equals the amount of the depreciation
14            deduction taken for the taxable year on the
15            taxpayer's federal income tax return on property
16            for which the bonus depreciation deduction was
17            taken in any year under subsection (k) of Section
18            168 of the Internal Revenue Code, but not
19            including the bonus depreciation deduction;
20                (2) for taxable years ending on or before
21            December 31, 2005, "x" equals "y" multiplied by 30
22            and then divided by 70 (or "y" multiplied by
23            0.429); and
24                (3) for taxable years ending after December
25            31, 2005:
26                    (i) for property on which a bonus

 

 

HB4204- 73 -LRB103 34178 HLH 64001 b

1                depreciation deduction of 30% of the adjusted
2                basis was taken, "x" equals "y" multiplied by
3                30 and then divided by 70 (or "y" multiplied
4                by 0.429);
5                    (ii) for property on which a bonus
6                depreciation deduction of 50% of the adjusted
7                basis was taken, "x" equals "y" multiplied by
8                1.0;
9                    (iii) for property on which a bonus
10                depreciation deduction of 100% of the adjusted
11                basis was taken in a taxable year ending on or
12                after December 31, 2021, "x" equals the
13                depreciation deduction that would be allowed
14                on that property if the taxpayer had made the
15                election under Section 168(k)(7) of the
16                Internal Revenue Code to not claim bonus
17                depreciation on that property; and
18                    (iv) for property on which a bonus
19                depreciation deduction of a percentage other
20                than 30%, 50% or 100% of the adjusted basis
21                was taken in a taxable year ending on or after
22                December 31, 2021, "x" equals "y" multiplied
23                by 100 times the percentage bonus depreciation
24                on the property (that is, 100(bonus%)) and
25                then divided by 100 times 1 minus the
26                percentage bonus depreciation on the property

 

 

HB4204- 74 -LRB103 34178 HLH 64001 b

1                (that is, 100(1–bonus%)).
2            The aggregate amount deducted under this
3        subparagraph in all taxable years for any one piece of
4        property may not exceed the amount of the bonus
5        depreciation deduction taken on that property on the
6        taxpayer's federal income tax return under subsection
7        (k) of Section 168 of the Internal Revenue Code. This
8        subparagraph (R) is exempt from the provisions of
9        Section 250;
10            (S) If the taxpayer sells, transfers, abandons, or
11        otherwise disposes of property for which the taxpayer
12        was required in any taxable year to make an addition
13        modification under subparagraph (G-10), then an amount
14        equal to that addition modification.
15            If the taxpayer continues to own property through
16        the last day of the last tax year for which a
17        subtraction is allowed with respect to that property
18        under subparagraph (R) and for which the taxpayer was
19        required in any taxable year to make an addition
20        modification under subparagraph (G-10), then an amount
21        equal to that addition modification.
22            The taxpayer is allowed to take the deduction
23        under this subparagraph only once with respect to any
24        one piece of property.
25            This subparagraph (S) is exempt from the
26        provisions of Section 250;

 

 

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1            (T) The amount of (i) any interest income (net of
2        the deductions allocable thereto) taken into account
3        for the taxable year with respect to a transaction
4        with a taxpayer that is required to make an addition
5        modification with respect to such transaction under
6        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
7        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
8        the amount of such addition modification and (ii) any
9        income from intangible property (net of the deductions
10        allocable thereto) taken into account for the taxable
11        year with respect to a transaction with a taxpayer
12        that is required to make an addition modification with
13        respect to such transaction under Section
14        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
15        203(d)(2)(D-8), but not to exceed the amount of such
16        addition modification. This subparagraph (T) is exempt
17        from the provisions of Section 250;
18            (U) An amount equal to the interest income taken
19        into account for the taxable year (net of the
20        deductions allocable thereto) with respect to
21        transactions with (i) a foreign person who would be a
22        member of the taxpayer's unitary business group but
23        for the fact the foreign person's business activity
24        outside the United States is 80% or more of that
25        person's total business activity and (ii) for taxable
26        years ending on or after December 31, 2008, to a person

 

 

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1        who would be a member of the same unitary business
2        group but for the fact that the person is prohibited
3        under Section 1501(a)(27) from being included in the
4        unitary business group because he or she is ordinarily
5        required to apportion business income under different
6        subsections of Section 304, but not to exceed the
7        addition modification required to be made for the same
8        taxable year under Section 203(c)(2)(G-12) for
9        interest paid, accrued, or incurred, directly or
10        indirectly, to the same person. This subparagraph (U)
11        is exempt from the provisions of Section 250;
12            (V) An amount equal to the income from intangible
13        property taken into account for the taxable year (net
14        of the deductions allocable thereto) with respect to
15        transactions with (i) a foreign person who would be a
16        member of the taxpayer's unitary business group but
17        for the fact that the foreign person's business
18        activity outside the United States is 80% or more of
19        that person's total business activity and (ii) for
20        taxable years ending on or after December 31, 2008, to
21        a person who would be a member of the same unitary
22        business group but for the fact that the person is
23        prohibited under Section 1501(a)(27) from being
24        included in the unitary business group because he or
25        she is ordinarily required to apportion business
26        income under different subsections of Section 304, but

 

 

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1        not to exceed the addition modification required to be
2        made for the same taxable year under Section
3        203(c)(2)(G-13) for intangible expenses and costs
4        paid, accrued, or incurred, directly or indirectly, to
5        the same foreign person. This subparagraph (V) is
6        exempt from the provisions of Section 250;
7            (W) in the case of an estate, an amount equal to
8        all amounts included in such total pursuant to the
9        provisions of Section 111 of the Internal Revenue Code
10        as a recovery of items previously deducted by the
11        decedent from adjusted gross income in the computation
12        of taxable income. This subparagraph (W) is exempt
13        from Section 250;
14            (X) an amount equal to the refund included in such
15        total of any tax deducted for federal income tax
16        purposes, to the extent that deduction was added back
17        under subparagraph (F). This subparagraph (X) is
18        exempt from the provisions of Section 250;
19            (Y) For taxable years ending on or after December
20        31, 2011, in the case of a taxpayer who was required to
21        add back any insurance premiums under Section
22        203(c)(2)(G-14), such taxpayer may elect to subtract
23        that part of a reimbursement received from the
24        insurance company equal to the amount of the expense
25        or loss (including expenses incurred by the insurance
26        company) that would have been taken into account as a

 

 

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1        deduction for federal income tax purposes if the
2        expense or loss had been uninsured. If a taxpayer
3        makes the election provided for by this subparagraph
4        (Y), the insurer to which the premiums were paid must
5        add back to income the amount subtracted by the
6        taxpayer pursuant to this subparagraph (Y). This
7        subparagraph (Y) is exempt from the provisions of
8        Section 250; and
9            (Z) For taxable years beginning after December 31,
10        2018 and before January 1, 2026, the amount of excess
11        business loss of the taxpayer disallowed as a
12        deduction by Section 461(l)(1)(B) of the Internal
13        Revenue Code.
14        (3) Limitation. The amount of any modification
15    otherwise required under this subsection shall, under
16    regulations prescribed by the Department, be adjusted by
17    any amounts included therein which were properly paid,
18    credited, or required to be distributed, or permanently
19    set aside for charitable purposes pursuant to Internal
20    Revenue Code Section 642(c) during the taxable year.
 
21    (d) Partnerships.
22        (1) In general. In the case of a partnership, base
23    income means an amount equal to the taxpayer's taxable
24    income for the taxable year as modified by paragraph (2).
25        (2) Modifications. The taxable income referred to in

 

 

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1    paragraph (1) shall be modified by adding thereto the sum
2    of the following amounts:
3            (A) An amount equal to all amounts paid or accrued
4        to the taxpayer as interest or dividends during the
5        taxable year to the extent excluded from gross income
6        in the computation of taxable income;
7            (B) An amount equal to the amount of tax imposed by
8        this Act to the extent deducted from gross income for
9        the taxable year;
10            (C) The amount of deductions allowed to the
11        partnership pursuant to Section 707 (c) of the
12        Internal Revenue Code in calculating its taxable
13        income;
14            (D) An amount equal to the amount of the capital
15        gain deduction allowable under the Internal Revenue
16        Code, to the extent deducted from gross income in the
17        computation of taxable income;
18            (D-5) For taxable years 2001 and thereafter, an
19        amount equal to the bonus depreciation deduction taken
20        on the taxpayer's federal income tax return for the
21        taxable year under subsection (k) of Section 168 of
22        the Internal Revenue Code;
23            (D-6) If the taxpayer sells, transfers, abandons,
24        or otherwise disposes of property for which the
25        taxpayer was required in any taxable year to make an
26        addition modification under subparagraph (D-5), then

 

 

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1        an amount equal to the aggregate amount of the
2        deductions taken in all taxable years under
3        subparagraph (O) with respect to that property.
4            If the taxpayer continues to own property through
5        the last day of the last tax year for which a
6        subtraction is allowed with respect to that property
7        under subparagraph (O) and for which the taxpayer was
8        allowed in any taxable year to make a subtraction
9        modification under subparagraph (O), then an amount
10        equal to that subtraction modification.
11            The taxpayer is required to make the addition
12        modification under this subparagraph only once with
13        respect to any one piece of property;
14            (D-7) An amount equal to the amount otherwise
15        allowed as a deduction in computing base income for
16        interest paid, accrued, or incurred, directly or
17        indirectly, (i) for taxable years ending on or after
18        December 31, 2004, to a foreign person who would be a
19        member of the same unitary business group but for the
20        fact the foreign person's business activity outside
21        the United States is 80% or more of the foreign
22        person's total business activity and (ii) for taxable
23        years ending on or after December 31, 2008, to a person
24        who would be a member of the same unitary business
25        group but for the fact that the person is prohibited
26        under Section 1501(a)(27) from being included in the

 

 

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1        unitary business group because he or she is ordinarily
2        required to apportion business income under different
3        subsections of Section 304. The addition modification
4        required by this subparagraph shall be reduced to the
5        extent that dividends were included in base income of
6        the unitary group for the same taxable year and
7        received by the taxpayer or by a member of the
8        taxpayer's unitary business group (including amounts
9        included in gross income pursuant to Sections 951
10        through 964 of the Internal Revenue Code and amounts
11        included in gross income under Section 78 of the
12        Internal Revenue Code) with respect to the stock of
13        the same person to whom the interest was paid,
14        accrued, or incurred.
15            This paragraph shall not apply to the following:
16                (i) an item of interest paid, accrued, or
17            incurred, directly or indirectly, to a person who
18            is subject in a foreign country or state, other
19            than a state which requires mandatory unitary
20            reporting, to a tax on or measured by net income
21            with respect to such interest; or
22                (ii) an item of interest paid, accrued, or
23            incurred, directly or indirectly, to a person if
24            the taxpayer can establish, based on a
25            preponderance of the evidence, both of the
26            following:

 

 

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1                    (a) the person, during the same taxable
2                year, paid, accrued, or incurred, the interest
3                to a person that is not a related member, and
4                    (b) the transaction giving rise to the
5                interest expense between the taxpayer and the
6                person did not have as a principal purpose the
7                avoidance of Illinois income tax, and is paid
8                pursuant to a contract or agreement that
9                reflects an arm's-length interest rate and
10                terms; or
11                (iii) the taxpayer can establish, based on
12            clear and convincing evidence, that the interest
13            paid, accrued, or incurred relates to a contract
14            or agreement entered into at arm's-length rates
15            and terms and the principal purpose for the
16            payment is not federal or Illinois tax avoidance;
17            or
18                (iv) an item of interest paid, accrued, or
19            incurred, directly or indirectly, to a person if
20            the taxpayer establishes by clear and convincing
21            evidence that the adjustments are unreasonable; or
22            if the taxpayer and the Director agree in writing
23            to the application or use of an alternative method
24            of apportionment under Section 304(f).
25                Nothing in this subsection shall preclude the
26            Director from making any other adjustment

 

 

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1            otherwise allowed under Section 404 of this Act
2            for any tax year beginning after the effective
3            date of this amendment provided such adjustment is
4            made pursuant to regulation adopted by the
5            Department and such regulations provide methods
6            and standards by which the Department will utilize
7            its authority under Section 404 of this Act; and
8            (D-8) An amount equal to the amount of intangible
9        expenses and costs otherwise allowed as a deduction in
10        computing base income, and that were paid, accrued, or
11        incurred, directly or indirectly, (i) for taxable
12        years ending on or after December 31, 2004, to a
13        foreign person who would be a member of the same
14        unitary business group but for the fact that the
15        foreign person's business activity outside the United
16        States is 80% or more of that person's total business
17        activity and (ii) for taxable years ending on or after
18        December 31, 2008, to a person who would be a member of
19        the same unitary business group but for the fact that
20        the person is prohibited under Section 1501(a)(27)
21        from being included in the unitary business group
22        because he or she is ordinarily required to apportion
23        business income under different subsections of Section
24        304. The addition modification required by this
25        subparagraph shall be reduced to the extent that
26        dividends were included in base income of the unitary

 

 

HB4204- 84 -LRB103 34178 HLH 64001 b

1        group for the same taxable year and received by the
2        taxpayer or by a member of the taxpayer's unitary
3        business group (including amounts included in gross
4        income pursuant to Sections 951 through 964 of the
5        Internal Revenue Code and amounts included in gross
6        income under Section 78 of the Internal Revenue Code)
7        with respect to the stock of the same person to whom
8        the intangible expenses and costs were directly or
9        indirectly paid, incurred or accrued. The preceding
10        sentence shall not apply to the extent that the same
11        dividends caused a reduction to the addition
12        modification required under Section 203(d)(2)(D-7) of
13        this Act. As used in this subparagraph, the term
14        "intangible expenses and costs" includes (1) expenses,
15        losses, and costs for, or related to, the direct or
16        indirect acquisition, use, maintenance or management,
17        ownership, sale, exchange, or any other disposition of
18        intangible property; (2) losses incurred, directly or
19        indirectly, from factoring transactions or discounting
20        transactions; (3) royalty, patent, technical, and
21        copyright fees; (4) licensing fees; and (5) other
22        similar expenses and costs. For purposes of this
23        subparagraph, "intangible property" includes patents,
24        patent applications, trade names, trademarks, service
25        marks, copyrights, mask works, trade secrets, and
26        similar types of intangible assets;

 

 

HB4204- 85 -LRB103 34178 HLH 64001 b

1            This paragraph shall not apply to the following:
2                (i) any item of intangible expenses or costs
3            paid, accrued, or incurred, directly or
4            indirectly, from a transaction with a person who
5            is subject in a foreign country or state, other
6            than a state which requires mandatory unitary
7            reporting, to a tax on or measured by net income
8            with respect to such item; or
9                (ii) any item of intangible expense or cost
10            paid, accrued, or incurred, directly or
11            indirectly, if the taxpayer can establish, based
12            on a preponderance of the evidence, both of the
13            following:
14                    (a) the person during the same taxable
15                year paid, accrued, or incurred, the
16                intangible expense or cost to a person that is
17                not a related member, and
18                    (b) the transaction giving rise to the
19                intangible expense or cost between the
20                taxpayer and the person did not have as a
21                principal purpose the avoidance of Illinois
22                income tax, and is paid pursuant to a contract
23                or agreement that reflects arm's-length terms;
24                or
25                (iii) any item of intangible expense or cost
26            paid, accrued, or incurred, directly or

 

 

HB4204- 86 -LRB103 34178 HLH 64001 b

1            indirectly, from a transaction with a person if
2            the taxpayer establishes by clear and convincing
3            evidence, that the adjustments are unreasonable;
4            or if the taxpayer and the Director agree in
5            writing to the application or use of an
6            alternative method of apportionment under Section
7            304(f);
8                Nothing in this subsection shall preclude the
9            Director from making any other adjustment
10            otherwise allowed under Section 404 of this Act
11            for any tax year beginning after the effective
12            date of this amendment provided such adjustment is
13            made pursuant to regulation adopted by the
14            Department and such regulations provide methods
15            and standards by which the Department will utilize
16            its authority under Section 404 of this Act;
17            (D-9) For taxable years ending on or after
18        December 31, 2008, an amount equal to the amount of
19        insurance premium expenses and costs otherwise allowed
20        as a deduction in computing base income, and that were
21        paid, accrued, or incurred, directly or indirectly, to
22        a person who would be a member of the same unitary
23        business group but for the fact that the person is
24        prohibited under Section 1501(a)(27) from being
25        included in the unitary business group because he or
26        she is ordinarily required to apportion business

 

 

HB4204- 87 -LRB103 34178 HLH 64001 b

1        income under different subsections of Section 304. The
2        addition modification required by this subparagraph
3        shall be reduced to the extent that dividends were
4        included in base income of the unitary group for the
5        same taxable year and received by the taxpayer or by a
6        member of the taxpayer's unitary business group
7        (including amounts included in gross income under
8        Sections 951 through 964 of the Internal Revenue Code
9        and amounts included in gross income under Section 78
10        of the Internal Revenue Code) with respect to the
11        stock of the same person to whom the premiums and costs
12        were directly or indirectly paid, incurred, or
13        accrued. The preceding sentence does not apply to the
14        extent that the same dividends caused a reduction to
15        the addition modification required under Section
16        203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
17            (D-10) An amount equal to the credit allowable to
18        the taxpayer under Section 218(a) of this Act,
19        determined without regard to Section 218(c) of this
20        Act;
21            (D-11) For taxable years ending on or after
22        December 31, 2017, an amount equal to the deduction
23        allowed under Section 199 of the Internal Revenue Code
24        for the taxable year;
25    and by deducting from the total so obtained the following
26    amounts:

 

 

HB4204- 88 -LRB103 34178 HLH 64001 b

1            (E) The valuation limitation amount;
2            (F) An amount equal to the amount of any tax
3        imposed by this Act which was refunded to the taxpayer
4        and included in such total for the taxable year;
5            (G) An amount equal to all amounts included in
6        taxable income as modified by subparagraphs (A), (B),
7        (C) and (D) which are exempt from taxation by this
8        State either by reason of its statutes or Constitution
9        or by reason of the Constitution, treaties or statutes
10        of the United States; provided that, in the case of any
11        statute of this State that exempts income derived from
12        bonds or other obligations from the tax imposed under
13        this Act, the amount exempted shall be the interest
14        net of bond premium amortization;
15            (H) Any income of the partnership which
16        constitutes personal service income as defined in
17        Section 1348(b)(1) of the Internal Revenue Code (as in
18        effect December 31, 1981) or a reasonable allowance
19        for compensation paid or accrued for services rendered
20        by partners to the partnership, whichever is greater;
21        this subparagraph (H) is exempt from the provisions of
22        Section 250;
23            (I) An amount equal to all amounts of income
24        distributable to an entity subject to the Personal
25        Property Tax Replacement Income Tax imposed by
26        subsections (c) and (d) of Section 201 of this Act

 

 

HB4204- 89 -LRB103 34178 HLH 64001 b

1        including amounts distributable to organizations
2        exempt from federal income tax by reason of Section
3        501(a) of the Internal Revenue Code; this subparagraph
4        (I) is exempt from the provisions of Section 250;
5            (J) With the exception of any amounts subtracted
6        under subparagraph (G), an amount equal to the sum of
7        all amounts disallowed as deductions by (i) Sections
8        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
9        and all amounts of expenses allocable to interest and
10        disallowed as deductions by Section 265(a)(1) of the
11        Internal Revenue Code; and (ii) for taxable years
12        ending on or after August 13, 1999, Sections
13        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
14        Internal Revenue Code, plus, (iii) for taxable years
15        ending on or after December 31, 2011, Section
16        45G(e)(3) of the Internal Revenue Code and, for
17        taxable years ending on or after December 31, 2008,
18        any amount included in gross income under Section 87
19        of the Internal Revenue Code; the provisions of this
20        subparagraph are exempt from the provisions of Section
21        250;
22            (K) An amount equal to those dividends included in
23        such total which were paid by a corporation which
24        conducts business operations in a River Edge
25        Redevelopment Zone or zones created under the River
26        Edge Redevelopment Zone Act and conducts substantially

 

 

HB4204- 90 -LRB103 34178 HLH 64001 b

1        all of its operations from a River Edge Redevelopment
2        Zone or zones. This subparagraph (K) is exempt from
3        the provisions of Section 250;
4            (L) An amount equal to any contribution made to a
5        job training project established pursuant to the Real
6        Property Tax Increment Allocation Redevelopment Act;
7            (M) An amount equal to those dividends included in
8        such total that were paid by a corporation that
9        conducts business operations in a federally designated
10        Foreign Trade Zone or Sub-Zone and that is designated
11        a High Impact Business located in Illinois; provided
12        that dividends eligible for the deduction provided in
13        subparagraph (K) of paragraph (2) of this subsection
14        shall not be eligible for the deduction provided under
15        this subparagraph (M);
16            (N) An amount equal to the amount of the deduction
17        used to compute the federal income tax credit for
18        restoration of substantial amounts held under claim of
19        right for the taxable year pursuant to Section 1341 of
20        the Internal Revenue Code;
21            (O) For taxable years 2001 and thereafter, for the
22        taxable year in which the bonus depreciation deduction
23        is taken on the taxpayer's federal income tax return
24        under subsection (k) of Section 168 of the Internal
25        Revenue Code and for each applicable taxable year
26        thereafter, an amount equal to "x", where:

 

 

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1                (1) "y" equals the amount of the depreciation
2            deduction taken for the taxable year on the
3            taxpayer's federal income tax return on property
4            for which the bonus depreciation deduction was
5            taken in any year under subsection (k) of Section
6            168 of the Internal Revenue Code, but not
7            including the bonus depreciation deduction;
8                (2) for taxable years ending on or before
9            December 31, 2005, "x" equals "y" multiplied by 30
10            and then divided by 70 (or "y" multiplied by
11            0.429); and
12                (3) for taxable years ending after December
13            31, 2005:
14                    (i) for property on which a bonus
15                depreciation deduction of 30% of the adjusted
16                basis was taken, "x" equals "y" multiplied by
17                30 and then divided by 70 (or "y" multiplied
18                by 0.429);
19                    (ii) for property on which a bonus
20                depreciation deduction of 50% of the adjusted
21                basis was taken, "x" equals "y" multiplied by
22                1.0;
23                    (iii) for property on which a bonus
24                depreciation deduction of 100% of the adjusted
25                basis was taken in a taxable year ending on or
26                after December 31, 2021, "x" equals the

 

 

HB4204- 92 -LRB103 34178 HLH 64001 b

1                depreciation deduction that would be allowed
2                on that property if the taxpayer had made the
3                election under Section 168(k)(7) of the
4                Internal Revenue Code to not claim bonus
5                depreciation on that property; and
6                    (iv) for property on which a bonus
7                depreciation deduction of a percentage other
8                than 30%, 50% or 100% of the adjusted basis
9                was taken in a taxable year ending on or after
10                December 31, 2021, "x" equals "y" multiplied
11                by 100 times the percentage bonus depreciation
12                on the property (that is, 100(bonus%)) and
13                then divided by 100 times 1 minus the
14                percentage bonus depreciation on the property
15                (that is, 100(1–bonus%)).
16            The aggregate amount deducted under this
17        subparagraph in all taxable years for any one piece of
18        property may not exceed the amount of the bonus
19        depreciation deduction taken on that property on the
20        taxpayer's federal income tax return under subsection
21        (k) of Section 168 of the Internal Revenue Code. This
22        subparagraph (O) is exempt from the provisions of
23        Section 250;
24            (P) If the taxpayer sells, transfers, abandons, or
25        otherwise disposes of property for which the taxpayer
26        was required in any taxable year to make an addition

 

 

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1        modification under subparagraph (D-5), then an amount
2        equal to that addition modification.
3            If the taxpayer continues to own property through
4        the last day of the last tax year for which a
5        subtraction is allowed with respect to that property
6        under subparagraph (O) and for which the taxpayer was
7        required in any taxable year to make an addition
8        modification under subparagraph (D-5), then an amount
9        equal to that addition modification.
10            The taxpayer is allowed to take the deduction
11        under this subparagraph only once with respect to any
12        one piece of property.
13            This subparagraph (P) is exempt from the
14        provisions of Section 250;
15            (Q) The amount of (i) any interest income (net of
16        the deductions allocable thereto) taken into account
17        for the taxable year with respect to a transaction
18        with a taxpayer that is required to make an addition
19        modification with respect to such transaction under
20        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
21        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
22        the amount of such addition modification and (ii) any
23        income from intangible property (net of the deductions
24        allocable thereto) taken into account for the taxable
25        year with respect to a transaction with a taxpayer
26        that is required to make an addition modification with

 

 

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1        respect to such transaction under Section
2        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
3        203(d)(2)(D-8), but not to exceed the amount of such
4        addition modification. This subparagraph (Q) is exempt
5        from Section 250;
6            (R) An amount equal to the interest income taken
7        into account for the taxable year (net of the
8        deductions allocable thereto) with respect to
9        transactions with (i) a foreign person who would be a
10        member of the taxpayer's unitary business group but
11        for the fact that the foreign person's business
12        activity outside the United States is 80% or more of
13        that person's total business activity and (ii) for
14        taxable years ending on or after December 31, 2008, to
15        a person who would be a member of the same unitary
16        business group but for the fact that the person is
17        prohibited under Section 1501(a)(27) from being
18        included in the unitary business group because he or
19        she is ordinarily required to apportion business
20        income under different subsections of Section 304, but
21        not to exceed the addition modification required to be
22        made for the same taxable year under Section
23        203(d)(2)(D-7) for interest paid, accrued, or
24        incurred, directly or indirectly, to the same person.
25        This subparagraph (R) is exempt from Section 250;
26            (S) An amount equal to the income from intangible

 

 

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1        property taken into account for the taxable year (net
2        of the deductions allocable thereto) with respect to
3        transactions with (i) a foreign person who would be a
4        member of the taxpayer's unitary business group but
5        for the fact that the foreign person's business
6        activity outside the United States is 80% or more of
7        that person's total business activity and (ii) for
8        taxable years ending on or after December 31, 2008, to
9        a person who would be a member of the same unitary
10        business group but for the fact that the person is
11        prohibited under Section 1501(a)(27) from being
12        included in the unitary business group because he or
13        she is ordinarily required to apportion business
14        income under different subsections of Section 304, but
15        not to exceed the addition modification required to be
16        made for the same taxable year under Section
17        203(d)(2)(D-8) for intangible expenses and costs paid,
18        accrued, or incurred, directly or indirectly, to the
19        same person. This subparagraph (S) is exempt from
20        Section 250; and
21            (T) For taxable years ending on or after December
22        31, 2011, in the case of a taxpayer who was required to
23        add back any insurance premiums under Section
24        203(d)(2)(D-9), such taxpayer may elect to subtract
25        that part of a reimbursement received from the
26        insurance company equal to the amount of the expense

 

 

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1        or loss (including expenses incurred by the insurance
2        company) that would have been taken into account as a
3        deduction for federal income tax purposes if the
4        expense or loss had been uninsured. If a taxpayer
5        makes the election provided for by this subparagraph
6        (T), the insurer to which the premiums were paid must
7        add back to income the amount subtracted by the
8        taxpayer pursuant to this subparagraph (T). This
9        subparagraph (T) is exempt from the provisions of
10        Section 250.
 
11    (e) Gross income; adjusted gross income; taxable income.
12        (1) In general. Subject to the provisions of paragraph
13    (2) and subsection (b)(3), for purposes of this Section
14    and Section 803(e), a taxpayer's gross income, adjusted
15    gross income, or taxable income for the taxable year shall
16    mean the amount of gross income, adjusted gross income or
17    taxable income properly reportable for federal income tax
18    purposes for the taxable year under the provisions of the
19    Internal Revenue Code. Taxable income may be less than
20    zero. However, for taxable years ending on or after
21    December 31, 1986, net operating loss carryforwards from
22    taxable years ending prior to December 31, 1986, may not
23    exceed the sum of federal taxable income for the taxable
24    year before net operating loss deduction, plus the excess
25    of addition modifications over subtraction modifications

 

 

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1    for the taxable year. For taxable years ending prior to
2    December 31, 1986, taxable income may never be an amount
3    in excess of the net operating loss for the taxable year as
4    defined in subsections (c) and (d) of Section 172 of the
5    Internal Revenue Code, provided that when taxable income
6    of a corporation (other than a Subchapter S corporation),
7    trust, or estate is less than zero and addition
8    modifications, other than those provided by subparagraph
9    (E) of paragraph (2) of subsection (b) for corporations or
10    subparagraph (E) of paragraph (2) of subsection (c) for
11    trusts and estates, exceed subtraction modifications, an
12    addition modification must be made under those
13    subparagraphs for any other taxable year to which the
14    taxable income less than zero (net operating loss) is
15    applied under Section 172 of the Internal Revenue Code or
16    under subparagraph (E) of paragraph (2) of this subsection
17    (e) applied in conjunction with Section 172 of the
18    Internal Revenue Code.
19        (2) Special rule. For purposes of paragraph (1) of
20    this subsection, the taxable income properly reportable
21    for federal income tax purposes shall mean:
22            (A) Certain life insurance companies. In the case
23        of a life insurance company subject to the tax imposed
24        by Section 801 of the Internal Revenue Code, life
25        insurance company taxable income, plus the amount of
26        distribution from pre-1984 policyholder surplus

 

 

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1        accounts as calculated under Section 815a of the
2        Internal Revenue Code;
3            (B) Certain other insurance companies. In the case
4        of mutual insurance companies subject to the tax
5        imposed by Section 831 of the Internal Revenue Code,
6        insurance company taxable income;
7            (C) Regulated investment companies. In the case of
8        a regulated investment company subject to the tax
9        imposed by Section 852 of the Internal Revenue Code,
10        investment company taxable income;
11            (D) Real estate investment trusts. In the case of
12        a real estate investment trust subject to the tax
13        imposed by Section 857 of the Internal Revenue Code,
14        real estate investment trust taxable income;
15            (E) Consolidated corporations. In the case of a
16        corporation which is a member of an affiliated group
17        of corporations filing a consolidated income tax
18        return for the taxable year for federal income tax
19        purposes, taxable income determined as if such
20        corporation had filed a separate return for federal
21        income tax purposes for the taxable year and each
22        preceding taxable year for which it was a member of an
23        affiliated group. For purposes of this subparagraph,
24        the taxpayer's separate taxable income shall be
25        determined as if the election provided by Section
26        243(b)(2) of the Internal Revenue Code had been in

 

 

HB4204- 99 -LRB103 34178 HLH 64001 b

1        effect for all such years;
2            (F) Cooperatives. In the case of a cooperative
3        corporation or association, the taxable income of such
4        organization determined in accordance with the
5        provisions of Section 1381 through 1388 of the
6        Internal Revenue Code, but without regard to the
7        prohibition against offsetting losses from patronage
8        activities against income from nonpatronage
9        activities; except that a cooperative corporation or
10        association may make an election to follow its federal
11        income tax treatment of patronage losses and
12        nonpatronage losses. In the event such election is
13        made, such losses shall be computed and carried over
14        in a manner consistent with subsection (a) of Section
15        207 of this Act and apportioned by the apportionment
16        factor reported by the cooperative on its Illinois
17        income tax return filed for the taxable year in which
18        the losses are incurred. The election shall be
19        effective for all taxable years with original returns
20        due on or after the date of the election. In addition,
21        the cooperative may file an amended return or returns,
22        as allowed under this Act, to provide that the
23        election shall be effective for losses incurred or
24        carried forward for taxable years occurring prior to
25        the date of the election. Once made, the election may
26        only be revoked upon approval of the Director. The

 

 

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1        Department shall adopt rules setting forth
2        requirements for documenting the elections and any
3        resulting Illinois net loss and the standards to be
4        used by the Director in evaluating requests to revoke
5        elections. Public Act 96-932 is declaratory of
6        existing law;
7            (G) Subchapter S corporations. In the case of: (i)
8        a Subchapter S corporation for which there is in
9        effect an election for the taxable year under Section
10        1362 of the Internal Revenue Code, the taxable income
11        of such corporation determined in accordance with
12        Section 1363(b) of the Internal Revenue Code, except
13        that taxable income shall take into account those
14        items which are required by Section 1363(b)(1) of the
15        Internal Revenue Code to be separately stated; and
16        (ii) a Subchapter S corporation for which there is in
17        effect a federal election to opt out of the provisions
18        of the Subchapter S Revision Act of 1982 and have
19        applied instead the prior federal Subchapter S rules
20        as in effect on July 1, 1982, the taxable income of
21        such corporation determined in accordance with the
22        federal Subchapter S rules as in effect on July 1,
23        1982; and
24            (H) Partnerships. In the case of a partnership,
25        taxable income determined in accordance with Section
26        703 of the Internal Revenue Code, except that taxable

 

 

HB4204- 101 -LRB103 34178 HLH 64001 b

1        income shall take into account those items which are
2        required by Section 703(a)(1) to be separately stated
3        but which would be taken into account by an individual
4        in calculating his taxable income.
5        (3) Recapture of business expenses on disposition of
6    asset or business. Notwithstanding any other law to the
7    contrary, if in prior years income from an asset or
8    business has been classified as business income and in a
9    later year is demonstrated to be non-business income, then
10    all expenses, without limitation, deducted in such later
11    year and in the 2 immediately preceding taxable years
12    related to that asset or business that generated the
13    non-business income shall be added back and recaptured as
14    business income in the year of the disposition of the
15    asset or business. Such amount shall be apportioned to
16    Illinois using the greater of the apportionment fraction
17    computed for the business under Section 304 of this Act
18    for the taxable year or the average of the apportionment
19    fractions computed for the business under Section 304 of
20    this Act for the taxable year and for the 2 immediately
21    preceding taxable years.
 
22    (f) Valuation limitation amount.
23        (1) In general. The valuation limitation amount
24    referred to in subsections (a)(2)(G), (c)(2)(I) and
25    (d)(2)(E) is an amount equal to:

 

 

HB4204- 102 -LRB103 34178 HLH 64001 b

1            (A) The sum of the pre-August 1, 1969 appreciation
2        amounts (to the extent consisting of gain reportable
3        under the provisions of Section 1245 or 1250 of the
4        Internal Revenue Code) for all property in respect of
5        which such gain was reported for the taxable year;
6        plus
7            (B) The lesser of (i) the sum of the pre-August 1,
8        1969 appreciation amounts (to the extent consisting of
9        capital gain) for all property in respect of which
10        such gain was reported for federal income tax purposes
11        for the taxable year, or (ii) the net capital gain for
12        the taxable year, reduced in either case by any amount
13        of such gain included in the amount determined under
14        subsection (a)(2)(F) or (c)(2)(H).
15        (2) Pre-August 1, 1969 appreciation amount.
16            (A) If the fair market value of property referred
17        to in paragraph (1) was readily ascertainable on
18        August 1, 1969, the pre-August 1, 1969 appreciation
19        amount for such property is the lesser of (i) the
20        excess of such fair market value over the taxpayer's
21        basis (for determining gain) for such property on that
22        date (determined under the Internal Revenue Code as in
23        effect on that date), or (ii) the total gain realized
24        and reportable for federal income tax purposes in
25        respect of the sale, exchange or other disposition of
26        such property.

 

 

HB4204- 103 -LRB103 34178 HLH 64001 b

1            (B) If the fair market value of property referred
2        to in paragraph (1) was not readily ascertainable on
3        August 1, 1969, the pre-August 1, 1969 appreciation
4        amount for such property is that amount which bears
5        the same ratio to the total gain reported in respect of
6        the property for federal income tax purposes for the
7        taxable year, as the number of full calendar months in
8        that part of the taxpayer's holding period for the
9        property ending July 31, 1969 bears to the number of
10        full calendar months in the taxpayer's entire holding
11        period for the property.
12            (C) The Department shall prescribe such
13        regulations as may be necessary to carry out the
14        purposes of this paragraph.
 
15    (g) Double deductions. Unless specifically provided
16otherwise, nothing in this Section shall permit the same item
17to be deducted more than once.
 
18    (h) Legislative intention. Except as expressly provided by
19this Section there shall be no modifications or limitations on
20the amounts of income, gain, loss or deduction taken into
21account in determining gross income, adjusted gross income or
22taxable income for federal income tax purposes for the taxable
23year, or in the amount of such items entering into the
24computation of base income and net income under this Act for

 

 

HB4204- 104 -LRB103 34178 HLH 64001 b

1such taxable year, whether in respect of property values as of
2August 1, 1969 or otherwise.
3(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
4102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff.
58-27-21; 102-813, eff. 5-13-22; 102-1112, eff. 12-21-22.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.