093_HB0863sam001

 










                                     LRB093 05711 SJM 19532 a

 1                     AMENDMENT TO HOUSE BILL 863

 2        AMENDMENT NO.     .  Amend House Bill  863  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Income Tax Act is amended by
 5    changing 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
12        paragraph (2).
13             (2)  Modifications.   The  adjusted   gross   income
14        referred  to in paragraph (1) shall be modified by adding
15        thereto the sum of the following amounts:
16                  (A)  An amount equal to  all  amounts  paid  or
17             accrued  to  the  taxpayer  as interest or dividends
18             during the taxable year to the extent excluded  from
19             gross  income  in  the computation of adjusted gross
20             income, except stock dividends of  qualified  public
21             utilities   described   in  Section  305(e)  of  the
22             Internal Revenue Code;
 
                            -2-      LRB093 05711 SJM 19532 a
 1                  (B)  An amount  equal  to  the  amount  of  tax
 2             imposed  by  this  Act  to  the extent deducted from
 3             gross income in the computation  of  adjusted  gross
 4             income for the taxable year;
 5                  (C)  An  amount  equal  to  the amount received
 6             during the taxable year as a recovery or  refund  of
 7             real   property  taxes  paid  with  respect  to  the
 8             taxpayer's principal residence under the Revenue Act
 9             of 1939 and for which  a  deduction  was  previously
10             taken  under  subparagraph (L) of this paragraph (2)
11             prior to July 1, 1991, the retrospective application
12             date of Article 4 of Public Act 87-17.  In the  case
13             of  multi-unit  or  multi-use  structures  and  farm
14             dwellings,  the  taxes  on  the taxpayer's principal
15             residence shall be that portion of the  total  taxes
16             for  the  entire  property  which is attributable to
17             such principal residence;
18                  (D)  An amount  equal  to  the  amount  of  the
19             capital  gain deduction allowable under the Internal
20             Revenue Code, to  the  extent  deducted  from  gross
21             income in the computation of adjusted gross income;
22                  (D-5)  An amount, to the extent not included in
23             adjusted  gross income, equal to the amount of money
24             withdrawn by the taxpayer in the taxable year from a
25             medical care savings account and the interest earned
26             on the account in the taxable year of  a  withdrawal
27             pursuant  to  subsection  (b)  of  Section 20 of the
28             Medical Care Savings Account Act or  subsection  (b)
29             of  Section  20  of the Medical Care Savings Account
30             Act of 2000;
31                  (D-10)  For taxable years ending after December
32             31,  1997,  an  amount   equal   to   any   eligible
33             remediation  costs  that  the individual deducted in
34             computing adjusted gross income and  for  which  the
 
                            -3-      LRB093 05711 SJM 19532 a
 1             individual  claims  a credit under subsection (l) of
 2             Section 201;
 3                  (D-15)  For taxable years ending after December
 4             31, 2000 2001 and thereafter, an amount equal to the
 5             bonus depreciation deduction (30%  of  the  adjusted
 6             basis  of  the  qualified  property)  taken  on  the
 7             taxpayer's federal income tax return for the taxable
 8             year  under  subsection  (k)  of  Section 168 of the
 9             Internal Revenue Code with respect to  any  property
10             and,  for  taxable years ending on or after December
11             31, 2003, an amount equal to any deduction taken for
12             the taxable year under Section 179 of  the  Internal
13             Revenue Code with respect to any property; and
14                  (D-16)  If  the taxpayer reports a capital gain
15             or loss on the taxpayer's federal income tax  return
16             for  the taxable year based on a sale or transfer of
17             property for which the taxpayer was required in  any
18             taxable  year to make an addition modification under
19             subparagraph (D-15), then an  amount  equal  to  the
20             aggregate  amount  of  the  deductions  taken in all
21             taxable years under subparagraph (Z) or  (Z-1)  with
22             respect to that property.;
23                  The  taxpayer  is required to make the addition
24             modification under this subparagraph only once  with
25             respect to any one piece of property;. and
26                  (D-20)  (D-15)  For  taxable years beginning on
27             or  after  January  1,  2002,  in  the  case  of   a
28             distribution  from a qualified tuition program under
29             Section 529 of the Internal Revenue Code, other than
30             (i) a  distribution  from  a  College  Savings  Pool
31             created  under  Section  16.5 of the State Treasurer
32             Act or (ii) a distribution from the Illinois Prepaid
33             Tuition Trust Fund, an amount equal  to  the  amount
34             excluded    from    gross   income   under   Section
 
                            -4-      LRB093 05711 SJM 19532 a
 1             529(c)(3)(B);
 2        and by deducting from the total so obtained  the  sum  of
 3        the following amounts:
 4                  (E)  For  taxable  years ending before December
 5             31, 2001, any  amount  included  in  such  total  in
 6             respect  of  any  compensation  (including  but  not
 7             limited  to  any  compensation  paid or accrued to a
 8             serviceman while a prisoner of  war  or  missing  in
 9             action)  paid  to  a  resident by reason of being on
10             active duty in the Armed Forces of the United States
11             and in respect of any compensation paid  or  accrued
12             to  a  resident who as a governmental employee was a
13             prisoner of war or missing in action, and in respect
14             of any compensation paid to a resident  in  1971  or
15             thereafter for annual training performed pursuant to
16             Sections  502  and 503, Title 32, United States Code
17             as a member of  the  Illinois  National  Guard.  For
18             taxable  years ending on or after December 31, 2001,
19             any amount included in such total in respect of  any
20             compensation  (including  but  not  limited  to  any
21             compensation paid or accrued to a serviceman while a
22             prisoner  of  war  or  missing  in action) paid to a
23             resident  by  reason  of  being  a  member  of   any
24             component  of  the Armed Forces of the United States
25             and in respect of any compensation paid  or  accrued
26             to  a  resident who as a governmental employee was a
27             prisoner of war or missing in action, and in respect
28             of any compensation paid to a resident  in  2001  or
29             thereafter  by  reason  of  being  a  member  of the
30             Illinois National  Guard.  The  provisions  of  this
31             amendatory  Act  of  the  92nd  General Assembly are
32             exempt from the provisions of Section 250;
33                  (F)  An amount equal to all amounts included in
34             such total pursuant to the  provisions  of  Sections
 
                            -5-      LRB093 05711 SJM 19532 a
 1             402(a),  402(c), 403(a), 403(b), 406(a), 407(a), and
 2             408 of the Internal Revenue  Code,  or  included  in
 3             such  total as distributions under the provisions of
 4             any retirement or disability plan for  employees  of
 5             any  governmental  agency  or  unit,  or  retirement
 6             payments  to  retired  partners,  which payments are
 7             excluded  in  computing  net  earnings   from   self
 8             employment  by  Section 1402 of the Internal Revenue
 9             Code and regulations adopted pursuant thereto;
10                  (G)  The valuation limitation amount;
11                  (H)  An amount equal to the amount of  any  tax
12             imposed  by  this  Act  which  was  refunded  to the
13             taxpayer and included in such total for the  taxable
14             year;
15                  (I)  An amount equal to all amounts included in
16             such total pursuant to the provisions of Section 111
17             of  the Internal Revenue Code as a recovery of items
18             previously deducted from adjusted  gross  income  in
19             the computation of taxable income;
20                  (J)  An   amount   equal   to  those  dividends
21             included  in  such  total  which  were  paid  by   a
22             corporation which conducts business operations in an
23             Enterprise  Zone or zones created under the Illinois
24             Enterprise Zone Act, and conducts substantially  all
25             of its operations in an Enterprise Zone or zones;
26                  (K)  An   amount   equal   to  those  dividends
27             included  in  such  total  that  were  paid   by   a
28             corporation  that  conducts business operations in a
29             federally designated Foreign Trade Zone or  Sub-Zone
30             and  that  is  designated  a  High  Impact  Business
31             located   in   Illinois;   provided  that  dividends
32             eligible for the deduction provided in  subparagraph
33             (J) of paragraph (2) of this subsection shall not be
34             eligible  for  the  deduction  provided  under  this
 
                            -6-      LRB093 05711 SJM 19532 a
 1             subparagraph (K);
 2                  (L)  For  taxable  years  ending after December
 3             31, 1983, an amount equal  to  all  social  security
 4             benefits  and  railroad retirement benefits included
 5             in such total pursuant to Sections 72(r) and  86  of
 6             the Internal Revenue Code;
 7                  (M)  With   the   exception   of   any  amounts
 8             subtracted under subparagraph (N), an  amount  equal
 9             to  the  sum of all amounts disallowed as deductions
10             by (i)  Sections  171(a)  (2),  and  265(2)  of  the
11             Internal  Revenue  Code of 1954, as now or hereafter
12             amended, and all amounts of  expenses  allocable  to
13             interest  and   disallowed  as deductions by Section
14             265(1) of the Internal Revenue Code of 1954, as  now
15             or  hereafter  amended;  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;  the  provisions  of   this
19             subparagraph  are  exempt  from  the  provisions  of
20             Section 250;
21                  (N)  An amount equal to all amounts included in
22             such  total  which  are exempt from taxation by this
23             State  either  by  reason   of   its   statutes   or
24             Constitution  or  by  reason  of  the  Constitution,
25             treaties  or statutes of the United States; provided
26             that, in the case of any statute of this State  that
27             exempts   income   derived   from   bonds  or  other
28             obligations from the tax imposed under this Act, the
29             amount exempted shall be the interest  net  of  bond
30             premium amortization;
31                  (O)  An  amount  equal to any contribution made
32             to a job training project  established  pursuant  to
33             the Tax Increment Allocation Redevelopment Act;
34                  (P)  An  amount  equal  to  the  amount  of the
 
                            -7-      LRB093 05711 SJM 19532 a
 1             deduction used to compute  the  federal  income  tax
 2             credit  for  restoration of substantial amounts held
 3             under claim of right for the taxable  year  pursuant
 4             to  Section  1341  of  the  Internal Revenue Code of
 5             1986;
 6                  (Q)  An amount equal to any amounts included in
 7             such  total,  received  by  the   taxpayer   as   an
 8             acceleration  in  the  payment of life, endowment or
 9             annuity benefits in advance of the time  they  would
10             otherwise  be payable as an indemnity for a terminal
11             illness;
12                  (R)  An amount  equal  to  the  amount  of  any
13             federal  or  State  bonus  paid  to  veterans of the
14             Persian Gulf War;
15                  (S)  An  amount,  to  the  extent  included  in
16             adjusted gross income, equal  to  the  amount  of  a
17             contribution  made  in the taxable year on behalf of
18             the taxpayer  to  a  medical  care  savings  account
19             established  under  the Medical Care Savings Account
20             Act or the Medical Care Savings Account Act of  2000
21             to  the  extent  the contribution is accepted by the
22             account administrator as provided in that Act;
23                  (T)  An  amount,  to  the  extent  included  in
24             adjusted  gross  income,  equal  to  the  amount  of
25             interest earned in the taxable  year  on  a  medical
26             care  savings  account established under the Medical
27             Care Savings Account Act or the Medical Care Savings
28             Account Act of 2000 on behalf of the taxpayer, other
29             than interest added pursuant to item (D-5)  of  this
30             paragraph (2);
31                  (U)  For one taxable year beginning on or after
32             January 1, 1994, an amount equal to the total amount
33             of  tax  imposed  and paid under subsections (a) and
34             (b) of Section 201 of  this  Act  on  grant  amounts
 
                            -8-      LRB093 05711 SJM 19532 a
 1             received  by  the  taxpayer  under  the Nursing Home
 2             Grant Assistance Act during the  taxpayer's  taxable
 3             years 1992 and 1993;
 4                  (V)  Beginning  with  tax  years  ending  on or
 5             after December 31, 1995 and ending  with  tax  years
 6             ending  on  or  before  December 31, 2004, an amount
 7             equal to the amount paid by  a  taxpayer  who  is  a
 8             self-employed  taxpayer, a partner of a partnership,
 9             or a shareholder in a Subchapter S  corporation  for
10             health  insurance  or  long-term  care insurance for
11             that  taxpayer  or   that   taxpayer's   spouse   or
12             dependents,  to  the extent that the amount paid for
13             that health insurance or  long-term  care  insurance
14             may  be  deducted  under Section 213 of the Internal
15             Revenue Code of 1986, has not been deducted  on  the
16             federal  income tax return of the taxpayer, and does
17             not exceed the taxable income attributable  to  that
18             taxpayer's   income,   self-employment   income,  or
19             Subchapter S  corporation  income;  except  that  no
20             deduction  shall  be  allowed under this item (V) if
21             the taxpayer  is  eligible  to  participate  in  any
22             health insurance or long-term care insurance plan of
23             an  employer  of  the  taxpayer  or  the  taxpayer's
24             spouse.   The  amount  of  the  health insurance and
25             long-term care insurance subtracted under this  item
26             (V)  shall be determined by multiplying total health
27             insurance and long-term care insurance premiums paid
28             by the taxpayer times a number that  represents  the
29             fractional  percentage  of eligible medical expenses
30             under Section 213 of the Internal  Revenue  Code  of
31             1986 not actually deducted on the taxpayer's federal
32             income tax return;
33                  (W)  For  taxable  years  beginning on or after
34             January  1,  1998,  all  amounts  included  in   the
 
                            -9-      LRB093 05711 SJM 19532 a
 1             taxpayer's  federal gross income in the taxable year
 2             from amounts converted from a regular IRA to a  Roth
 3             IRA. This paragraph is exempt from the provisions of
 4             Section 250;
 5                  (X)  For  taxable  year 1999 and thereafter, an
 6             amount equal to the amount of any (i) distributions,
 7             to the extent includible in gross income for federal
 8             income tax purposes, made to the taxpayer because of
 9             his or her status as a  victim  of  persecution  for
10             racial  or  religious reasons by Nazi Germany or any
11             other Axis regime or as an heir of  the  victim  and
12             (ii)  items  of  income, to the extent includible in
13             gross  income  for  federal  income  tax   purposes,
14             attributable  to, derived from or in any way related
15             to assets stolen from,  hidden  from,  or  otherwise
16             lost  to  a  victim  of  persecution  for  racial or
17             religious reasons by Nazi Germany or any other  Axis
18             regime immediately prior to, during, and immediately
19             after  World  War II, including, but not limited to,
20             interest on the  proceeds  receivable  as  insurance
21             under policies issued to a victim of persecution for
22             racial  or  religious reasons by Nazi Germany or any
23             other Axis regime by  European  insurance  companies
24             immediately  prior  to  and  during  World  War  II;
25             provided,  however,  this  subtraction  from federal
26             adjusted gross  income  does  not  apply  to  assets
27             acquired  with such assets or with the proceeds from
28             the sale of such  assets;  provided,  further,  this
29             paragraph shall only apply to a taxpayer who was the
30             first  recipient of such assets after their recovery
31             and who is a victim of  persecution  for  racial  or
32             religious  reasons by Nazi Germany or any other Axis
33             regime or as an heir of the victim.  The  amount  of
34             and  the  eligibility  for  any  public  assistance,
 
                            -10-     LRB093 05711 SJM 19532 a
 1             benefit,  or  similar entitlement is not affected by
 2             the  inclusion  of  items  (i)  and  (ii)  of   this
 3             paragraph  in  gross  income  for federal income tax
 4             purposes.  This  paragraph  is   exempt   from   the
 5             provisions of Section 250;
 6                  (Y)  For  taxable  years  beginning on or after
 7             January 1, 2002, moneys contributed in  the  taxable
 8             year to a College Savings Pool account under Section
 9             16.5 of the State Treasurer Act, except that amounts
10             excluded    from    gross   income   under   Section
11             529(c)(3)(C)(i) of the Internal Revenue  Code  shall
12             not  be  considered  moneys  contributed  under this
13             subparagraph (Y).  This subparagraph (Y)  is  exempt
14             from the provisions of Section 250;
15                  (Z)  For    each   taxable   years   2001   and
16             thereafter, for the taxable  year  ending  prior  to
17             December  31,  2003  in which the bonus depreciation
18             deduction  (30%  of  the  adjusted  basis   of   the
19             qualified  property)  is  taken  on  the  taxpayer's
20             federal  income  tax  return under subsection (k) of
21             Section 168 of the Internal  Revenue  Code  and  for
22             each subsequent applicable taxable year ending prior
23             to  December 31, 2003 thereafter, an amount equal to
24             "x", where:
25                       (1)  "y"  equals   the   amount   of   the
26                  depreciation  deduction  taken  for the taxable
27                  year  on  the  taxpayer's  federal  income  tax
28                  return  on  property  for   which   the   bonus
29                  depreciation  deduction  (30%  of  the adjusted
30                  basis of the qualified property) was  taken  in
31                  any year under subsection (k) of Section 168 of
32                  the  Internal  Revenue  Code, but not including
33                  the bonus depreciation deduction; and
34                       (2)  "x" equals "y" multiplied by  30  and
 
                            -11-     LRB093 05711 SJM 19532 a
 1                  then  divided  by  70  (or  "y"  multiplied  by
 2                  0.429).
 3                  The   aggregate   amount  deducted  under  this
 4             subparagraph in all taxable years for any one  piece
 5             of  property  may not exceed the amount of the bonus
 6             depreciation deduction (30% of the adjusted basis of
 7             the qualified property) taken on  that  property  on
 8             the  taxpayer's  federal  income  tax  return  under
 9             subsection  (k)  of  Section  168  of  the  Internal
10             Revenue Code; and
11                  (Z-1)  For  taxable  years  ending  on or after
12             December 31, 2003, an amount equal to the excess, if
13             any, of the federal adjusted gross  income  properly
14             reportable  by  the  taxpayer  for the taxable year,
15             plus  any  addition  required  to  be   made   under
16             subparagraph  (D-15)  for the taxable year, over the
17             adjusted  gross  income   that   would   have   been
18             reportable by the taxpayer if the taxpayer:
19                       (1)  had  made  the election in subsection
20                  (k)(2)(C)(iii) of Section 168 of  the  Internal
21                  Revenue  Code  for all property for all taxable
22                  years; and
23                       (2)  had made no  election  under  Section
24                  179(a)  of  the  Internal  Revenue Code for any
25                  taxable year ending on or  after  December  31,
26                  2003  to  treat  the cost of any property as an
27                  expense.
28             This  subparagraph  (Z-1)   is   exempt   from   the
29             provisions of Section 250;
30                  (AA)  If the taxpayer reports a capital gain or
31             loss on the taxpayer's federal income tax return for
32             the  taxable  year  based  on  a sale or transfer of
33             property for which the taxpayer was required in  any
34             taxable  year to make an addition modification under
 
                            -12-     LRB093 05711 SJM 19532 a
 1             subparagraph (D-15), then an amount  equal  to  that
 2             addition modification.
 3                  The  taxpayer  is allowed to take the deduction
 4             under this subparagraph only once  with  respect  to
 5             any one piece of property; and
 6                  (BB) (Z)  Any amount included in adjusted gross
 7             income, other than salary, received by a driver in a
 8             ridesharing arrangement using a motor vehicle.

 9        (b)  Corporations.
10             (1)  In general.  In the case of a corporation, base
11        income  means  an  amount equal to the taxpayer's taxable
12        income for the taxable year as modified by paragraph (2).
13             (2)  Modifications.  The taxable income referred  to
14        in  paragraph (1) shall be modified by adding thereto the
15        sum of the following amounts:
16                  (A)  An amount equal to  all  amounts  paid  or
17             accrued   to   the  taxpayer  as  interest  and  all
18             distributions  received  from  regulated  investment
19             companies during the  taxable  year  to  the  extent
20             excluded  from  gross  income  in the computation of
21             taxable income;
22                  (B)  An amount  equal  to  the  amount  of  tax
23             imposed  by  this  Act  to  the extent deducted from
24             gross income in the computation  of  taxable  income
25             for the taxable year;
26                  (C)  In  the  case  of  a  regulated investment
27             company, an amount equal to the excess  of  (i)  the
28             net  long-term  capital  gain  for the taxable year,
29             over (ii) the amount of the capital  gain  dividends
30             designated   as  such  in  accordance  with  Section
31             852(b)(3)(C) of the Internal Revenue  Code  and  any
32             amount  designated under Section 852(b)(3)(D) of the
33             Internal Revenue Code, attributable to  the  taxable
34             year (this amendatory Act of 1995 (Public Act 89-89)
 
                            -13-     LRB093 05711 SJM 19532 a
 1             is  declarative  of  existing  law  and is not a new
 2             enactment);
 3                  (D)  The  amount  of  any  net  operating  loss
 4             deduction taken in arriving at taxable income, other
 5             than a net operating loss  carried  forward  from  a
 6             taxable year ending prior to December 31, 1986;
 7                  (E)  For taxable years in which a net operating
 8             loss  carryback  or carryforward from a taxable year
 9             ending prior to December 31, 1986 is an  element  of
10             taxable income under paragraph (1) of subsection (e)
11             or  subparagraph  (E) of paragraph (2) of subsection
12             (e), the  amount  by  which  addition  modifications
13             other  than  those provided by this subparagraph (E)
14             exceeded subtraction modifications in  such  earlier
15             taxable year, with the following limitations applied
16             in the order that they are listed:
17                       (i)  the addition modification relating to
18                  the  net operating loss carried back or forward
19                  to the  taxable  year  from  any  taxable  year
20                  ending  prior  to  December  31,  1986 shall be
21                  reduced by the amount of addition  modification
22                  under  this  subparagraph  (E) which related to
23                  that net operating loss  and  which  was  taken
24                  into  account in calculating the base income of
25                  an earlier taxable year, and
26                       (ii)  the addition  modification  relating
27                  to  the  net  operating  loss  carried  back or
28                  forward to the taxable year  from  any  taxable
29                  year  ending  prior  to December 31, 1986 shall
30                  not exceed the  amount  of  such  carryback  or
31                  carryforward;
32                  For  taxable  years  in  which  there  is a net
33             operating loss carryback or carryforward  from  more
34             than one other taxable year ending prior to December
 
                            -14-     LRB093 05711 SJM 19532 a
 1             31, 1986, the addition modification provided in this
 2             subparagraph  (E)  shall  be  the sum of the amounts
 3             computed   independently   under    the    preceding
 4             provisions  of  this  subparagraph (E) for each such
 5             taxable year;
 6                  (E-5)  For taxable years ending after  December
 7             31,   1997,   an   amount   equal  to  any  eligible
 8             remediation costs that the corporation  deducted  in
 9             computing  adjusted  gross  income and for which the
10             corporation claims a credit under subsection (l)  of
11             Section 201;
12                  (E-10)  For taxable years ending after December
13             31, 2000 2001 and thereafter, an amount equal to the
14             bonus  depreciation  deduction  (30% of the adjusted
15             basis  of  the  qualified  property)  taken  on  the
16             taxpayer's federal income tax return for the taxable
17             year under subsection (k)  of  Section  168  of  the
18             Internal  Revenue  Code with respect to any property
19             and, for taxable years ending on or  after  December
20             31, 2003, an amount equal to any deduction taken for
21             the  taxable  year under Section 179 of the Internal
22             Revenue Code with respect to any property; and
23                  (E-11)  If the taxpayer reports a capital  gain
24             or  loss on the taxpayer's federal income tax return
25             for the taxable year based on a sale or transfer  of
26             property  for which the taxpayer was required in any
27             taxable year to make an addition modification  under
28             subparagraph  (E-10),  then  an  amount equal to the
29             aggregate amount of  the  deductions  taken  in  all
30             taxable  years  under subparagraph (T) or (T-1) with
31             respect to that property.;
32                  The taxpayer is required to make  the  addition
33             modification  under this subparagraph only once with
34             respect to any one piece of property;
 
                            -15-     LRB093 05711 SJM 19532 a
 1        and by deducting from the total so obtained  the  sum  of
 2        the following amounts:
 3                  (F)  An  amount  equal to the amount of any tax
 4             imposed by  this  Act  which  was  refunded  to  the
 5             taxpayer  and included in such total for the taxable
 6             year;
 7                  (G)  An amount equal to any amount included  in
 8             such  total under Section 78 of the Internal Revenue
 9             Code;
10                  (H)  In the  case  of  a  regulated  investment
11             company,  an  amount  equal  to the amount of exempt
12             interest dividends as defined in subsection (b)  (5)
13             of Section 852 of the Internal Revenue Code, paid to
14             shareholders for the taxable year;
15                  (I)  With   the   exception   of   any  amounts
16             subtracted under subparagraph (J), an  amount  equal
17             to  the  sum of all amounts disallowed as deductions
18             by  (i)  Sections  171(a)  (2),  and  265(a)(2)  and
19             amounts disallowed as interest  expense  by  Section
20             291(a)(3)  of  the  Internal Revenue Code, as now or
21             hereafter  amended,  and  all  amounts  of  expenses
22             allocable to interest and disallowed  as  deductions
23             by  Section  265(a)(1) of the Internal Revenue Code,
24             as now or hereafter amended; and  (ii)  for  taxable
25             years  ending  on or after August 13, 1999, Sections
26             171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
27             of the Internal Revenue Code; the provisions of this
28             subparagraph  are  exempt  from  the  provisions  of
29             Section 250;
30                  (J)  An amount equal to all amounts included in
31             such total which are exempt from  taxation  by  this
32             State   either   by   reason   of  its  statutes  or
33             Constitution  or  by  reason  of  the  Constitution,
34             treaties or statutes of the United States;  provided
 
                            -16-     LRB093 05711 SJM 19532 a
 1             that,  in the case of any statute of this State that
 2             exempts  income  derived   from   bonds   or   other
 3             obligations from the tax imposed under this Act, the
 4             amount  exempted  shall  be the interest net of bond
 5             premium amortization;
 6                  (K)  An  amount  equal   to   those   dividends
 7             included   in  such  total  which  were  paid  by  a
 8             corporation which conducts business operations in an
 9             Enterprise Zone or zones created under the  Illinois
10             Enterprise  Zone  Act and conducts substantially all
11             of its operations in an Enterprise Zone or zones;
12                  (L)  An  amount  equal   to   those   dividends
13             included   in   such  total  that  were  paid  by  a
14             corporation that conducts business operations  in  a
15             federally  designated Foreign Trade Zone or Sub-Zone
16             and  that  is  designated  a  High  Impact  Business
17             located  in  Illinois;   provided   that   dividends
18             eligible  for the deduction provided in subparagraph
19             (K) of paragraph 2 of this subsection shall  not  be
20             eligible  for  the  deduction  provided  under  this
21             subparagraph (L);
22                  (M)  For  any  taxpayer  that  is  a  financial
23             organization within the meaning of Section 304(c) of
24             this  Act,  an  amount  included  in  such  total as
25             interest income from a loan or loans  made  by  such
26             taxpayer  to  a  borrower, to the extent that such a
27             loan is secured by property which  is  eligible  for
28             the Enterprise Zone Investment Credit.  To determine
29             the  portion  of  a loan or loans that is secured by
30             property eligible for a  Section  201(f)  investment
31             credit  to the borrower, the entire principal amount
32             of the loan or loans between the  taxpayer  and  the
33             borrower  should  be  divided  into the basis of the
34             Section  201(f)  investment  credit  property  which
 
                            -17-     LRB093 05711 SJM 19532 a
 1             secures the loan or loans, using  for  this  purpose
 2             the original basis of such property on the date that
 3             it  was  placed  in  service in the Enterprise Zone.
 4             The subtraction modification available  to  taxpayer
 5             in  any  year  under  this  subsection shall be that
 6             portion of the total interest paid by  the  borrower
 7             with  respect  to  such  loan  attributable  to  the
 8             eligible  property  as calculated under the previous
 9             sentence;
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
13             interest income from a loan or loans  made  by  such
14             taxpayer  to  a  borrower, to the extent that such a
15             loan is secured by property which  is  eligible  for
16             the  High  Impact  Business  Investment  Credit.  To
17             determine the portion of a loan  or  loans  that  is
18             secured  by  property  eligible for a Section 201(h)
19             investment  credit  to  the  borrower,  the   entire
20             principal  amount  of  the loan or loans between the
21             taxpayer and the borrower should be divided into the
22             basis  of  the  Section  201(h)  investment   credit
23             property  which secures the loan or loans, using for
24             this purpose the original basis of such property  on
25             the  date  that  it  was  placed  in  service  in  a
26             federally  designated Foreign Trade Zone or Sub-Zone
27             located in Illinois.  No taxpayer that  is  eligible
28             for  the  deduction  provided in subparagraph (M) of
29             paragraph (2) of this subsection shall  be  eligible
30             for  the  deduction provided under this subparagraph
31             (M-1).  The subtraction  modification  available  to
32             taxpayers in any year under this subsection shall be
33             that  portion  of  the  total  interest  paid by the
34             borrower with respect to such loan  attributable  to
 
                            -18-     LRB093 05711 SJM 19532 a
 1             the   eligible  property  as  calculated  under  the
 2             previous sentence;
 3                  (N)  Two times any contribution made during the
 4             taxable year to a designated  zone  organization  to
 5             the  extent that the contribution (i) qualifies as a
 6             charitable  contribution  under  subsection  (c)  of
 7             Section 170 of the Internal Revenue  Code  and  (ii)
 8             must,  by  its terms, be used for a project approved
 9             by  the  Department   of   Commerce   and   Economic
10             Opportunity  Community  Affairs  under Section 11 of
11             the Illinois Enterprise Zone Act;
12                  (O)  An amount equal to: (i)  85%  for  taxable
13             years  ending  on or before December 31, 1992, or, a
14             percentage equal to the percentage  allowable  under
15             Section  243(a)(1)  of  the Internal Revenue Code of
16             1986 for taxable years  ending  after  December  31,
17             1992,  of  the amount by which dividends included in
18             taxable income and received from a corporation  that
19             is  not  created  or organized under the laws of the
20             United States or any state or political  subdivision
21             thereof,  including,  for taxable years ending on or
22             after  December  31,  1988,  dividends  received  or
23             deemed  received  or  paid  or  deemed  paid   under
24             Sections  951  through  964  of the Internal Revenue
25             Code, exceed the amount of the modification provided
26             under subparagraph (G)  of  paragraph  (2)  of  this
27             subsection  (b)  which is related to such dividends;
28             plus (ii) 100% of the  amount  by  which  dividends,
29             included  in taxable income and received, including,
30             for taxable years ending on or  after  December  31,
31             1988,  dividends received or deemed received or paid
32             or deemed paid under Sections 951 through 964 of the
33             Internal Revenue Code,  from  any  such  corporation
34             specified  in  clause  (i)  that  would  but for the
 
                            -19-     LRB093 05711 SJM 19532 a
 1             provisions of Section 1504 (b) (3) of  the  Internal
 2             Revenue   Code   be  treated  as  a  member  of  the
 3             affiliated  group  which   includes   the   dividend
 4             recipient,  exceed  the  amount  of the modification
 5             provided under subparagraph (G) of paragraph (2)  of
 6             this   subsection  (b)  which  is  related  to  such
 7             dividends;
 8                  (P)  An amount equal to any  contribution  made
 9             to  a  job  training project established pursuant to
10             the Tax Increment Allocation Redevelopment Act;
11                  (Q)  An amount  equal  to  the  amount  of  the
12             deduction  used  to  compute  the federal income tax
13             credit for restoration of substantial  amounts  held
14             under  claim  of right for the taxable year pursuant
15             to Section 1341 of  the  Internal  Revenue  Code  of
16             1986;
17                  (R)  In  the  case  of an attorney-in-fact with
18             respect to whom  an  interinsurer  or  a  reciprocal
19             insurer  has  made the election under Section 835 of
20             the Internal Revenue Code, 26 U.S.C. 835, an  amount
21             equal  to the excess, if any, of the amounts paid or
22             incurred by that interinsurer or reciprocal  insurer
23             in the taxable year to the attorney-in-fact over the
24             deduction allowed to that interinsurer or reciprocal
25             insurer  with  respect to the attorney-in-fact under
26             Section 835(b) of the Internal Revenue Code for  the
27             taxable year;
28                  (S)  For  taxable  years  ending  on  or  after
29             December  31,  1997,  in  the case of a Subchapter S
30             corporation, an  amount  equal  to  all  amounts  of
31             income  allocable  to  a  shareholder subject to the
32             Personal Property Tax Replacement Income Tax imposed
33             by subsections (c) and (d) of Section  201  of  this
34             Act,  including  amounts  allocable to organizations
 
                            -20-     LRB093 05711 SJM 19532 a
 1             exempt from federal income tax by reason of  Section
 2             501(a)   of   the   Internal   Revenue  Code.   This
 3             subparagraph (S) is exempt from  the  provisions  of
 4             Section 250;
 5                  (T)  For    each   taxable   years   2001   and
 6             thereafter, for the taxable  year  ending  prior  to
 7             December  31,  2003  in which the bonus depreciation
 8             deduction  (30%  of  the  adjusted  basis   of   the
 9             qualified  property)  is  taken  on  the  taxpayer's
10             federal  income  tax  return under subsection (k) of
11             Section 168 of the Internal  Revenue  Code  and  for
12             each subsequent applicable taxable year ending prior
13             to  December 31, 2003 thereafter, an amount equal to
14             "x", where:
15                       (1)  "y"  equals   the   amount   of   the
16                  depreciation  deduction  taken  for the taxable
17                  year  on  the  taxpayer's  federal  income  tax
18                  return  on  property  for   which   the   bonus
19                  depreciation  deduction  (30%  of  the adjusted
20                  basis of the qualified property) was  taken  in
21                  any year under subsection (k) of Section 168 of
22                  the  Internal  Revenue  Code, but not including
23                  the bonus depreciation deduction; and
24                       (2)  "x" equals "y" multiplied by  30  and
25                  then  divided  by  70  (or  "y"  multiplied  by
26                  0.429).
27                  The   aggregate   amount  deducted  under  this
28             subparagraph in all taxable years for any one  piece
29             of  property  may not exceed the amount of the bonus
30             depreciation deduction (30% of the adjusted basis of
31             the qualified property) taken on  that  property  on
32             the  taxpayer's  federal  income  tax  return  under
33             subsection  (k)  of  Section  168  of  the  Internal
34             Revenue Code;
 
                            -21-     LRB093 05711 SJM 19532 a
 1                  (T-1)  For  taxable  years  ending  on or after
 2             December 31, 2003, an amount equal to the excess, if
 3             any,  of  the  federal   taxable   income   properly
 4             reportable  by  the  taxpayer  for the taxable year,
 5             plus  any  addition  required  to  be   made   under
 6             subparagraph  (E-10)  for the taxable year, over the
 7             taxable income that would have  been  reportable  by
 8             the taxpayer if the taxpayer:
 9                       (1)  had  made  the election in subsection
10                  (k)(2)(C)(iii) of Section 168 of  the  Internal
11                  Revenue  Code  for all property for all taxable
12                  years; and
13                       (2)  had made no  election  under  Section
14                  179(a)  of  the  Internal  Revenue Code for any
15                  taxable year ending on or  after  December  31,
16                  2003  to  treat  the cost of any property as an
17                  expense.
18             This  subparagraph  (T-1)   is   exempt   from   the
19             provisions of Section 250; and
20                  (U)  If  the taxpayer reports a capital gain or
21             loss on the taxpayer's federal income tax return for
22             the taxable year based on  a  sale  or  transfer  of
23             property  for which the taxpayer was required in any
24             taxable year to make an addition modification  under
25             subparagraph  (E-10),  then  an amount equal to that
26             addition modification.
27                  The taxpayer is allowed to take  the  deduction
28             under  this  subparagraph  only once with respect to
29             any one piece of property.
30             (3)  Special rule.  For purposes  of  paragraph  (2)
31        (A),  "gross  income"  in  the  case  of a life insurance
32        company, for tax years ending on and after  December  31,
33        1994,  shall  mean  the  gross  investment income for the
34        taxable year.
 
                            -22-     LRB093 05711 SJM 19532 a
 1        (c)  Trusts and estates.
 2             (1)  In general.  In the case of a trust or  estate,
 3        base  income  means  an  amount  equal  to the taxpayer's
 4        taxable income  for  the  taxable  year  as  modified  by
 5        paragraph (2).
 6             (2)  Modifications.   Subject  to  the provisions of
 7        paragraph  (3),  the  taxable  income  referred   to   in
 8        paragraph (1) shall be modified by adding thereto the sum
 9        of the following amounts:
10                  (A)  An  amount  equal  to  all amounts paid or
11             accrued to the taxpayer  as  interest  or  dividends
12             during  the taxable year to the extent excluded from
13             gross income in the computation of taxable income;
14                  (B)  In the case of (i) an estate, $600; (ii) a
15             trust which,  under  its  governing  instrument,  is
16             required  to distribute all of its income currently,
17             $300; and (iii) any other trust, $100, but  in  each
18             such  case,  only  to  the  extent  such  amount was
19             deducted in the computation of taxable income;
20                  (C)  An amount  equal  to  the  amount  of  tax
21             imposed  by  this  Act  to  the extent deducted from
22             gross income in the computation  of  taxable  income
23             for the taxable year;
24                  (D)  The  amount  of  any  net  operating  loss
25             deduction taken in arriving at taxable income, other
26             than  a  net  operating  loss carried forward from a
27             taxable year ending prior to December 31, 1986;
28                  (E)  For taxable years in which a net operating
29             loss carryback or carryforward from a  taxable  year
30             ending  prior  to December 31, 1986 is an element of
31             taxable income under paragraph (1) of subsection (e)
32             or subparagraph (E) of paragraph (2)  of  subsection
33             (e),  the  amount  by  which  addition modifications
34             other than those provided by this  subparagraph  (E)
 
                            -23-     LRB093 05711 SJM 19532 a
 1             exceeded  subtraction  modifications in such taxable
 2             year, with the following limitations applied in  the
 3             order that they are listed:
 4                       (i)  the addition modification relating to
 5                  the  net operating loss carried back or forward
 6                  to the  taxable  year  from  any  taxable  year
 7                  ending  prior  to  December  31,  1986 shall be
 8                  reduced by the amount of addition  modification
 9                  under  this  subparagraph  (E) which related to
10                  that net operating loss  and  which  was  taken
11                  into  account in calculating the base income of
12                  an earlier taxable year, and
13                       (ii)  the addition  modification  relating
14                  to  the  net  operating  loss  carried  back or
15                  forward to the taxable year  from  any  taxable
16                  year  ending  prior  to December 31, 1986 shall
17                  not exceed the  amount  of  such  carryback  or
18                  carryforward;
19                  For  taxable  years  in  which  there  is a net
20             operating loss carryback or carryforward  from  more
21             than one other taxable year ending prior to December
22             31, 1986, the addition modification provided in this
23             subparagraph  (E)  shall  be  the sum of the amounts
24             computed   independently   under    the    preceding
25             provisions  of  this  subparagraph (E) for each such
26             taxable year;
27                  (F)  For  taxable  years  ending  on  or  after
28             January 1, 1989, an amount equal to the tax deducted
29             pursuant to Section 164 of the Internal Revenue Code
30             if the trust or estate is claiming the same tax  for
31             purposes  of  the  Illinois foreign tax credit under
32             Section 601 of this Act;
33                  (G)  An amount  equal  to  the  amount  of  the
34             capital  gain deduction allowable under the Internal
 
                            -24-     LRB093 05711 SJM 19532 a
 1             Revenue Code, to  the  extent  deducted  from  gross
 2             income in the computation of taxable income;
 3                  (G-5)  For  taxable years ending after December
 4             31,  1997,  an  amount   equal   to   any   eligible
 5             remediation  costs that the trust or estate deducted
 6             in computing adjusted gross income and for which the
 7             trust or estate claims a credit under subsection (l)
 8             of Section 201;
 9                  (G-10)  For taxable years ending after December
10             31, 2000 2001 and thereafter, an amount equal to the
11             bonus depreciation deduction (30%  of  the  adjusted
12             basis  of  the  qualified  property)  taken  on  the
13             taxpayer's federal income tax return for the taxable
14             year  under  subsection  (k)  of  Section 168 of the
15             Internal Revenue Code with respect to  any  property
16             and,  for  taxable years ending on or after December
17             31, 2003, an amount equal to any deduction taken for
18             the taxable year under Section 179 of  the  Internal
19             Revenue Code with respect to any property; and
20                  (G-11)  If  the taxpayer reports a capital gain
21             or loss on the taxpayer's federal income tax  return
22             for  the taxable year based on a sale or transfer of
23             property for which the taxpayer was required in  any
24             taxable  year to make an addition modification under
25             subparagraph (G-10), then an  amount  equal  to  the
26             aggregate  amount  of  the  deductions  taken in all
27             taxable years under subparagraph (R) or  (R-1)  with
28             respect to that property.;
29                  The  taxpayer  is required to make the addition
30             modification under this subparagraph only once  with
31             respect to any one piece of property;
32        and  by  deducting  from the total so obtained the sum of
33        the following amounts:
34                  (H)  An amount equal to all amounts included in
 
                            -25-     LRB093 05711 SJM 19532 a
 1             such total pursuant to the  provisions  of  Sections
 2             402(a),  402(c),  403(a), 403(b), 406(a), 407(a) and
 3             408 of the Internal Revenue Code or included in such
 4             total as distributions under the provisions  of  any
 5             retirement  or  disability plan for employees of any
 6             governmental agency or unit, or retirement  payments
 7             to  retired partners, which payments are excluded in
 8             computing  net  earnings  from  self  employment  by
 9             Section  1402  of  the  Internal  Revenue  Code  and
10             regulations adopted pursuant thereto;
11                  (I)  The valuation limitation amount;
12                  (J)  An amount equal to the amount of  any  tax
13             imposed  by  this  Act  which  was  refunded  to the
14             taxpayer and included in such total for the  taxable
15             year;
16                  (K)  An amount equal to all amounts included in
17             taxable  income  as  modified  by subparagraphs (A),
18             (B), (C), (D), (E), (F) and  (G)  which  are  exempt
19             from  taxation by this State either by reason of its
20             statutes  or  Constitution  or  by  reason  of   the
21             Constitution,  treaties  or  statutes  of the United
22             States; provided that, in the case of any statute of
23             this State that exempts income derived from bonds or
24             other obligations from the tax  imposed  under  this
25             Act,  the  amount exempted shall be the interest net
26             of bond premium amortization;
27                  (L)  With  the   exception   of   any   amounts
28             subtracted  under  subparagraph (K), an amount equal
29             to the sum of all amounts disallowed  as  deductions
30             by  (i)  Sections  171(a)  (2)  and 265(a)(2) of the
31             Internal Revenue Code, as now or hereafter  amended,
32             and  all  amounts  of expenses allocable to interest
33             and disallowed as deductions by  Section  265(1)  of
34             the  Internal  Revenue  Code  of  1954,  as  now  or
 
                            -26-     LRB093 05711 SJM 19532 a
 1             hereafter amended; and (ii) for taxable years ending
 2             on  or  after  August  13, 1999, Sections 171(a)(2),
 3             265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
 4             Revenue Code; the provisions  of  this  subparagraph
 5             are exempt from the provisions of Section 250;
 6                  (M)  An   amount   equal   to  those  dividends
 7             included  in  such  total  which  were  paid  by   a
 8             corporation which conducts business operations in an
 9             Enterprise  Zone or zones created under the Illinois
10             Enterprise Zone Act and conducts  substantially  all
11             of its operations in an Enterprise Zone or Zones;
12                  (N)  An  amount  equal to any contribution made
13             to a job training project  established  pursuant  to
14             the Tax Increment Allocation Redevelopment Act;
15                  (O)  An   amount   equal   to  those  dividends
16             included  in  such  total  that  were  paid   by   a
17             corporation  that  conducts business operations in a
18             federally designated Foreign Trade Zone or  Sub-Zone
19             and  that  is  designated  a  High  Impact  Business
20             located   in   Illinois;   provided  that  dividends
21             eligible for the deduction provided in  subparagraph
22             (M) of paragraph (2) of this subsection shall not be
23             eligible  for  the  deduction  provided  under  this
24             subparagraph (O);
25                  (P)  An  amount  equal  to  the  amount  of the
26             deduction used to compute  the  federal  income  tax
27             credit  for  restoration of substantial amounts held
28             under claim of right for the taxable  year  pursuant
29             to  Section  1341  of  the  Internal Revenue Code of
30             1986;
31                  (Q)  For taxable year 1999 and  thereafter,  an
32             amount equal to the amount of any (i) distributions,
33             to the extent includible in gross income for federal
34             income tax purposes, made to the taxpayer because of
 
                            -27-     LRB093 05711 SJM 19532 a
 1             his  or  her  status  as a victim of persecution for
 2             racial or religious reasons by Nazi Germany  or  any
 3             other  Axis  regime  or as an heir of the victim and
 4             (ii) items of income, to the  extent  includible  in
 5             gross   income  for  federal  income  tax  purposes,
 6             attributable to, derived from or in any way  related
 7             to  assets  stolen  from,  hidden from, or otherwise
 8             lost to  a  victim  of  persecution  for  racial  or
 9             religious  reasons by Nazi Germany or any other Axis
10             regime immediately prior to, during, and immediately
11             after World War II, including, but not  limited  to,
12             interest  on  the  proceeds  receivable as insurance
13             under policies issued to a victim of persecution for
14             racial or religious reasons by Nazi Germany  or  any
15             other  Axis  regime  by European insurance companies
16             immediately  prior  to  and  during  World  War  II;
17             provided, however,  this  subtraction  from  federal
18             adjusted  gross  income  does  not  apply  to assets
19             acquired with such assets or with the proceeds  from
20             the  sale  of  such  assets; provided, further, this
21             paragraph shall only apply to a taxpayer who was the
22             first recipient of such assets after their  recovery
23             and  who  is  a victim of  persecution for racial or
24             religious reasons by Nazi Germany or any other  Axis
25             regime  or  as an heir of the victim.  The amount of
26             and  the  eligibility  for  any  public  assistance,
27             benefit, or similar entitlement is not  affected  by
28             the   inclusion  of  items  (i)  and  (ii)  of  this
29             paragraph in gross income  for  federal  income  tax
30             purposes.   This   paragraph   is  exempt  from  the
31             provisions of Section 250;
32                  (R)  For   each   taxable   years   2001    and
33             thereafter,  for  the  taxable  year ending prior to
34             December 31, 2003 in which  the  bonus  depreciation
 
                            -28-     LRB093 05711 SJM 19532 a
 1             deduction   (30%   of  the  adjusted  basis  of  the
 2             qualified  property)  is  taken  on  the  taxpayer's
 3             federal income tax return under  subsection  (k)  of
 4             Section  168  of  the  Internal Revenue Code and for
 5             each subsequent applicable taxable year ending prior
 6             to December 31, 2003 thereafter, an amount equal  to
 7             "x", where:
 8                       (1)  "y"   equals   the   amount   of  the
 9                  depreciation deduction taken  for  the  taxable
10                  year  on  the  taxpayer's  federal  income  tax
11                  return   on   property   for  which  the  bonus
12                  depreciation deduction  (30%  of  the  adjusted
13                  basis  of  the qualified property) was taken in
14                  any year under subsection (k) of Section 168 of
15                  the Internal Revenue Code,  but  not  including
16                  the bonus depreciation deduction; and
17                       (2)  "x"  equals  "y" multiplied by 30 and
18                  then  divided  by  70  (or  "y"  multiplied  by
19                  0.429).
20                  The  aggregate  amount  deducted   under   this
21             subparagraph  in all taxable years for any one piece
22             of property may not exceed the amount of  the  bonus
23             depreciation deduction (30% of the adjusted basis of
24             the  qualified  property)  taken on that property on
25             the  taxpayer's  federal  income  tax  return  under
26             subsection  (k)  of  Section  168  of  the  Internal
27             Revenue Code;
28                  (R-1)  For taxable years  ending  on  or  after
29             December 31, 2003, an amount equal to the excess, if
30             any,   of   the   federal  taxable  income  properly
31             reportable by the taxpayer  for  the  taxable  year,
32             plus   any   addition  required  to  be  made  under
33             subparagraph (G-10) for the taxable year,  over  the
34             taxable  income  that  would have been reportable by
 
                            -29-     LRB093 05711 SJM 19532 a
 1             the taxpayer if the taxpayer:
 2                       (1)   had made the election in  subsection
 3                  (k)(2)(C)(iii)  of  Section 168 of the Internal
 4                  Revenue Code for all property for  all  taxable
 5                  years; and
 6                       (2)  had  made  no  election under Section
 7                  179(a) of the Internal  Revenue  Code  for  any
 8                  taxable  year  ending  on or after December 31,
 9                  2003 to treat the cost of any  property  as  an
10                  expense.
11             This   subparagraph   (R-1)   is   exempt  from  the
12             provisions of Section 250; and
13                  (S)  If the taxpayer reports a capital gain  or
14             loss on the taxpayer's federal income tax return for
15             the  taxable  year  based  on  a sale or transfer of
16             property for which the taxpayer was required in  any
17             taxable  year to make an addition modification under
18             subparagraph (G-10), then an amount  equal  to  that
19             addition modification.
20                  The  taxpayer  is allowed to take the deduction
21             under this subparagraph only once  with  respect  to
22             any one piece of property.
23             (3)  Limitation.   The  amount  of  any modification
24        otherwise required under  this  subsection  shall,  under
25        regulations  prescribed by the Department, be adjusted by
26        any amounts included therein which  were  properly  paid,
27        credited,  or  required to be distributed, or permanently
28        set aside for charitable purposes pursuant   to  Internal
29        Revenue Code Section 642(c) during the taxable year.

30        (d)  Partnerships.
31             (1)  In  general. In the case of a partnership, base
32        income means an amount equal to  the  taxpayer's  taxable
33        income for the taxable year as modified by paragraph (2).
34             (2)  Modifications.  The  taxable income referred to
 
                            -30-     LRB093 05711 SJM 19532 a
 1        in paragraph (1) shall be modified by adding thereto  the
 2        sum of the following amounts:
 3                  (A)  An  amount  equal  to  all amounts paid or
 4             accrued to the taxpayer  as  interest  or  dividends
 5             during  the taxable year to the extent excluded from
 6             gross income in the computation of taxable income;
 7                  (B)  An amount  equal  to  the  amount  of  tax
 8             imposed  by  this  Act  to  the extent deducted from
 9             gross income for 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
15             capital gain deduction allowable under the  Internal
16             Revenue  Code,  to  the  extent  deducted from gross
17             income in the computation of taxable income;
18                  (D-5)  For taxable years ending after  December
19             31, 2000 2001 and thereafter, an amount equal to the
20             bonus  depreciation  deduction  (30% of the adjusted
21             basis  of  the  qualified  property)  taken  on  the
22             taxpayer's federal income tax return for the taxable
23             year under subsection (k)  of  Section  168  of  the
24             Internal  Revenue  Code with respect to any property
25             and, for taxable years ending on or  after  December
26             31, 2003, an amount equal to any deduction taken for
27             the  taxable  year under Section 179 of the Internal
28             Revenue Code with respect to any property; and
29                  (D-6)  If the taxpayer reports a  capital  gain
30             or  loss on the taxpayer's federal income tax return
31             for the taxable year based on a sale or transfer  of
32             property  for which the taxpayer was required in any
33             taxable year to make an addition modification  under
34             subparagraph  (D-5),  then  an  amount  equal to the
 
                            -31-     LRB093 05711 SJM 19532 a
 1             aggregate amount of  the  deductions  taken  in  all
 2             taxable  years  under subparagraph (O) or (O-1) with
 3             respect to that property.;
 4                  The taxpayer is required to make  the  addition
 5             modification  under this subparagraph only once with
 6             respect to any one piece of property;
 7        and by deducting from the total so obtained the following
 8        amounts:
 9                  (E)  The valuation limitation amount;
10                  (F)  An amount equal to the amount of  any  tax
11             imposed  by  this  Act  which  was  refunded  to the
12             taxpayer and included in such total for the  taxable
13             year;
14                  (G)  An amount equal to all amounts included in
15             taxable  income  as  modified  by subparagraphs (A),
16             (B), (C) and (D) which are exempt from  taxation  by
17             this  State  either  by  reason  of  its statutes or
18             Constitution  or  by  reason  of  the  Constitution,
19             treaties or statutes of the United States;  provided
20             that,  in the case of any statute of this State that
21             exempts  income  derived   from   bonds   or   other
22             obligations from the tax imposed under this Act, the
23             amount  exempted  shall  be the interest net of bond
24             premium amortization;
25                  (H)  Any  income  of  the   partnership   which
26             constitutes  personal  service  income as defined in
27             Section 1348 (b) (1) of the  Internal  Revenue  Code
28             (as  in  effect  December  31, 1981) or a reasonable
29             allowance  for  compensation  paid  or  accrued  for
30             services rendered by partners  to  the  partnership,
31             whichever is greater;
32                  (I)  An  amount  equal to all amounts of income
33             distributable to an entity subject to  the  Personal
34             Property  Tax  Replacement  Income  Tax  imposed  by
 
                            -32-     LRB093 05711 SJM 19532 a
 1             subsections  (c)  and (d) of Section 201 of this Act
 2             including  amounts  distributable  to  organizations
 3             exempt from federal income tax by reason of  Section
 4             501(a) of the Internal Revenue Code;
 5                  (J)  With   the   exception   of   any  amounts
 6             subtracted under subparagraph (G), an  amount  equal
 7             to  the  sum of all amounts disallowed as deductions
 8             by (i)  Sections  171(a)  (2),  and  265(2)  of  the
 9             Internal  Revenue  Code of 1954, as now or hereafter
10             amended, and all amounts of  expenses  allocable  to
11             interest  and  disallowed  as  deductions by Section
12             265(1) of the  Internal  Revenue  Code,  as  now  or
13             hereafter amended; and (ii) for taxable years ending
14             on  or  after  August  13, 1999, Sections 171(a)(2),
15             265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
16             Revenue Code; the provisions  of  this  subparagraph
17             are exempt from the provisions of Section 250;
18                  (K)  An   amount   equal   to  those  dividends
19             included  in  such  total  which  were  paid  by   a
20             corporation which conducts business operations in an
21             Enterprise  Zone or zones created under the Illinois
22             Enterprise Zone Act, enacted  by  the  82nd  General
23             Assembly,  and  conducts  substantially  all  of its
24             operations in an Enterprise Zone or Zones;
25                  (L)  An amount equal to any  contribution  made
26             to  a  job  training project established pursuant to
27             the   Real   Property   Tax   Increment   Allocation
28             Redevelopment Act;
29                  (M)  An  amount  equal   to   those   dividends
30             included   in   such  total  that  were  paid  by  a
31             corporation that conducts business operations  in  a
32             federally  designated Foreign Trade Zone or Sub-Zone
33             and  that  is  designated  a  High  Impact  Business
34             located  in  Illinois;   provided   that   dividends
 
                            -33-     LRB093 05711 SJM 19532 a
 1             eligible  for the deduction provided in subparagraph
 2             (K) of paragraph (2) of this subsection shall not be
 3             eligible  for  the  deduction  provided  under  this
 4             subparagraph (M);
 5                  (N)  An amount  equal  to  the  amount  of  the
 6             deduction  used  to  compute  the federal income tax
 7             credit for restoration of substantial  amounts  held
 8             under  claim  of right for the taxable year pursuant
 9             to Section 1341 of  the  Internal  Revenue  Code  of
10             1986;
11                  (O)  For    each   taxable   years   2001   and
12             thereafter, for the taxable  year  ending  prior  to
13             December  31,  2003  in which the bonus depreciation
14             deduction  (30%  of  the  adjusted  basis   of   the
15             qualified  property)  is  taken  on  the  taxpayer's
16             federal  income  tax  return under subsection (k) of
17             Section 168 of the Internal  Revenue  Code  and  for
18             each subsequent applicable taxable year ending prior
19             to  December 31, 2003 thereafter, an amount equal to
20             "x", where:
21                       (1)  "y"  equals   the   amount   of   the
22                  depreciation  deduction  taken  for the taxable
23                  year  on  the  taxpayer's  federal  income  tax
24                  return  on  property  for   which   the   bonus
25                  depreciation  deduction  (30%  of  the adjusted
26                  basis of the qualified property) was  taken  in
27                  any year under subsection (k) of Section 168 of
28                  the  Internal  Revenue  Code, but not including
29                  the bonus depreciation deduction; and
30                       (2)  "x" equals "y" multiplied by  30  and
31                  then  divided  by  70  (or  "y"  multiplied  by
32                  0.429).
33                  The   aggregate   amount  deducted  under  this
34             subparagraph in all taxable years for any one  piece
 
                            -34-     LRB093 05711 SJM 19532 a
 1             of  property  may not exceed the amount of the bonus
 2             depreciation deduction (30% of the adjusted basis of
 3             the qualified property) taken on  that  property  on
 4             the  taxpayer's  federal  income  tax  return  under
 5             subsection  (k)  of  Section  168  of  the  Internal
 6             Revenue Code;
 7                  (O-1)  For  taxable  years  ending  on or after
 8             December 31, 2003, an amount equal to the excess, if
 9             any,  of  the  federal   taxable   income   properly
10             reportable  by  the  taxpayer  for the taxable year,
11             plus  any  addition  required  to  be   made   under
12             subparagraph  (D-5)  for  the taxable year, over the
13             taxable income that would have  been  reportable  by
14             the taxpayer if the taxpayer:
15                       (1)  had  made  the election in subsection
16                  (k)(2)(C)(iii) of Section 168 of  the  Internal
17                  Revenue  Code  for all property for all taxable
18                  years; and
19                       (2)  had made no  election  under  Section
20                  179(a)  of  the  Internal  Revenue Code for any
21                  taxable year ending on or  after  December  31,
22                  2003  to  treat  the cost of any property as an
23                  expense.
24             This  subparagraph  (O-1)   is   exempt   from   the
25             provisions of Section 250; and
26                  (P)  If  the taxpayer reports a capital gain or
27             loss on the taxpayer's federal income tax return for
28             the taxable year based on  a  sale  or  transfer  of
29             property  for which the taxpayer was required in any
30             taxable year to make an addition modification  under
31             subparagraph  (D-5),  then  an  amount equal to that
32             addition modification.
33                  The taxpayer is allowed to take  the  deduction
34             under  this  subparagraph  only once with respect to
 
                            -35-     LRB093 05711 SJM 19532 a
 1             any one piece of property.

 2        (e)  Gross income; adjusted gross income; taxable income.
 3             (1)  In  general.   Subject  to  the  provisions  of
 4        paragraph (2) and subsection (b)  (3),  for  purposes  of
 5        this  Section  and  Section  803(e),  a  taxpayer's gross
 6        income, adjusted gross income, or taxable income for  the
 7        taxable  year  shall  mean  the  amount  of gross income,
 8        adjusted  gross  income  or   taxable   income   properly
 9        reportable  for  federal  income  tax  purposes  for  the
10        taxable year under the provisions of the Internal Revenue
11        Code.  Taxable income may be less than zero. However, for
12        taxable years ending on or after December 31,  1986,  net
13        operating  loss  carryforwards  from taxable years ending
14        prior to December 31, 1986, may not  exceed  the  sum  of
15        federal  taxable  income  for the taxable year before net
16        operating loss deduction, plus  the  excess  of  addition
17        modifications  over  subtraction  modifications  for  the
18        taxable year.  For taxable years ending prior to December
19        31, 1986, taxable income may never be an amount in excess
20        of the net operating loss for the taxable year as defined
21        in subsections (c) and (d) of Section 172 of the Internal
22        Revenue  Code,  provided  that  when  taxable income of a
23        corporation (other  than  a  Subchapter  S  corporation),
24        trust,   or   estate  is  less  than  zero  and  addition
25        modifications, other than those provided by  subparagraph
26        (E)  of  paragraph (2) of subsection (b) for corporations
27        or subparagraph (E) of paragraph (2)  of  subsection  (c)
28        for trusts and estates, exceed subtraction modifications,
29        an   addition  modification  must  be  made  under  those
30        subparagraphs for any other taxable  year  to  which  the
31        taxable  income  less  than  zero (net operating loss) is
32        applied under Section 172 of the Internal Revenue Code or
33        under  subparagraph  (E)  of  paragraph   (2)   of   this
34        subsection (e) applied in conjunction with Section 172 of
 
                            -36-     LRB093 05711 SJM 19532 a
 1        the Internal Revenue Code.
 2             (2)  Special rule.  For purposes of paragraph (1) of
 3        this  subsection,  the taxable income properly reportable
 4        for federal income tax purposes shall mean:
 5                  (A)  Certain life insurance companies.  In  the
 6             case  of a life insurance company subject to the tax
 7             imposed by Section 801 of the Internal Revenue Code,
 8             life insurance  company  taxable  income,  plus  the
 9             amount  of  distribution  from pre-1984 policyholder
10             surplus accounts as calculated under Section 815a of
11             the Internal Revenue Code;
12                  (B)  Certain other insurance companies.  In the
13             case of mutual insurance companies  subject  to  the
14             tax  imposed  by Section 831 of the Internal Revenue
15             Code, insurance company taxable income;
16                  (C)  Regulated investment  companies.   In  the
17             case  of  a  regulated investment company subject to
18             the tax imposed  by  Section  852  of  the  Internal
19             Revenue Code, investment company taxable income;
20                  (D)  Real  estate  investment  trusts.   In the
21             case of a real estate investment  trust  subject  to
22             the  tax  imposed  by  Section  857  of the Internal
23             Revenue Code, real estate investment  trust  taxable
24             income;
25                  (E)  Consolidated corporations.  In the case of
26             a  corporation  which  is  a member of an affiliated
27             group of corporations filing a  consolidated  income
28             tax  return  for the taxable year for federal income
29             tax purposes, taxable income determined as  if  such
30             corporation  had filed a separate return for federal
31             income tax purposes for the taxable  year  and  each
32             preceding  taxable year for which it was a member of
33             an  affiliated   group.   For   purposes   of   this
34             subparagraph, the taxpayer's separate taxable income
 
                            -37-     LRB093 05711 SJM 19532 a
 1             shall  be  determined as if the election provided by
 2             Section 243(b) (2) of the Internal Revenue Code  had
 3             been in effect for all such years;
 4                  (F)  Cooperatives.     In   the   case   of   a
 5             cooperative corporation or association, the  taxable
 6             income of such organization determined in accordance
 7             with  the provisions of Section 1381 through 1388 of
 8             the Internal Revenue Code;
 9                  (G)  Subchapter S corporations.   In  the  case
10             of:  (i)  a Subchapter S corporation for which there
11             is in effect an election for the taxable year  under
12             Section  1362  of  the  Internal  Revenue  Code, the
13             taxable income of  such  corporation  determined  in
14             accordance  with  Section  1363(b)  of  the Internal
15             Revenue Code, except that taxable income shall  take
16             into  account  those  items  which  are  required by
17             Section 1363(b)(1) of the Internal Revenue  Code  to
18             be  separately  stated;  and  (ii)  a  Subchapter  S
19             corporation  for  which there is in effect a federal
20             election  to  opt  out  of  the  provisions  of  the
21             Subchapter S Revision Act of 1982 and  have  applied
22             instead  the  prior federal Subchapter S rules as in
23             effect on July 1, 1982, the taxable income  of  such
24             corporation   determined   in  accordance  with  the
25             federal Subchapter S rules as in effect on  July  1,
26             1982; and
27                  (H)  Partnerships.     In   the   case   of   a
28             partnership, taxable income determined in accordance
29             with Section  703  of  the  Internal  Revenue  Code,
30             except  that  taxable income shall take into account
31             those items which are required by Section  703(a)(1)
32             to  be  separately  stated  but which would be taken
33             into account by an  individual  in  calculating  his
34             taxable income.
 
                            -38-     LRB093 05711 SJM 19532 a
 1        (f)  Valuation limitation amount.
 2             (1)  In  general.   The  valuation limitation amount
 3        referred to in subsections (a) (2) (G), (c) (2)  (I)  and
 4        (d)(2) (E) is an amount equal to:
 5                  (A)  The   sum   of   the  pre-August  1,  1969
 6             appreciation amounts (to the  extent  consisting  of
 7             gain reportable under the provisions of Section 1245
 8             or  1250  of  the  Internal  Revenue  Code)  for all
 9             property in respect of which such gain was  reported
10             for the taxable year; plus
11                  (B)  The   lesser   of   (i)  the  sum  of  the
12             pre-August 1,  1969  appreciation  amounts  (to  the
13             extent  consisting of capital gain) for all property
14             in respect of  which  such  gain  was  reported  for
15             federal income tax purposes for the taxable year, or
16             (ii)  the  net  capital  gain  for the taxable year,
17             reduced in either case by any amount  of  such  gain
18             included  in  the amount determined under subsection
19             (a) (2) (F) or (c) (2) (H).
20             (2)  Pre-August 1, 1969 appreciation amount.
21                  (A)  If  the  fair  market  value  of  property
22             referred   to   in   paragraph   (1)   was   readily
23             ascertainable on August 1, 1969, the  pre-August  1,
24             1969  appreciation  amount  for such property is the
25             lesser of (i) the excess of such fair  market  value
26             over the taxpayer's basis (for determining gain) for
27             such  property  on  that  date (determined under the
28             Internal Revenue Code as in effect on that date), or
29             (ii) the total  gain  realized  and  reportable  for
30             federal  income tax purposes in respect of the sale,
31             exchange or other disposition of such property.
32                  (B)  If  the  fair  market  value  of  property
33             referred  to  in  paragraph  (1)  was  not   readily
34             ascertainable  on  August 1, 1969, the pre-August 1,
 
                            -39-     LRB093 05711 SJM 19532 a
 1             1969 appreciation amount for such property  is  that
 2             amount  which bears the same ratio to the total gain
 3             reported in respect  of  the  property  for  federal
 4             income  tax  purposes  for  the taxable year, as the
 5             number of full calendar months in that part  of  the
 6             taxpayer's  holding  period  for the property ending
 7             July 31, 1969 bears to the number of  full  calendar
 8             months  in  the taxpayer's entire holding period for
 9             the property.
10                  (C)  The  Department   shall   prescribe   such
11             regulations  as  may  be  necessary to carry out the
12             purposes of this paragraph.

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

16        (h)  Legislative intention.  Except as expressly provided
17    by  this  Section  there  shall  be   no   modifications   or
18    limitations on the amounts of income, gain, loss or deduction
19    taken  into  account  in  determining  gross income, adjusted
20    gross  income  or  taxable  income  for  federal  income  tax
21    purposes for the taxable year, or in the amount of such items
22    entering into the computation of base income and  net  income
23    under  this  Act for such taxable year, whether in respect of
24    property values as of August 1, 1969 or otherwise.
25    (Source: P.A. 91-192, eff.  7-20-99;  91-205,  eff.  7-20-99;
26    91-357,  eff.  7-29-99;  91-541,  eff.  8-13-99; 91-676, eff.
27    12-23-99; 91-845, eff. 6-22-00; 91-913, eff.  1-1-01;  92-16,
28    eff.  6-28-01;  92-244,  eff.  8-3-01;  92-439, eff. 8-17-01;
29    92-603, eff. 6-28-02;  92-626,  eff.  7-11-02;  92-651,  eff.
30    7-11-02; 92-846, eff. 8-23-02; revised 10-15-03.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.".