Full Text of SB0330 103rd General Assembly
SB0330 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0330 Introduced 2/2/2023, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
| 35 ILCS 5/204 | from Ch. 120, par. 2-204 |
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Amends the Illinois Income Tax Act. Provides that the additional standard exemption for taxpayers who have attained the age of 65 before the end of the taxable year and spouses of such taxpayers is $2,000 for taxable years beginning on or after January 1, 2024 (currently, $1,000). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Income Tax Act is amended by | 5 | | changing Section 204 as follows:
| 6 | | (35 ILCS 5/204) (from Ch. 120, par. 2-204)
| 7 | | Sec. 204. Standard exemption.
| 8 | | (a) Allowance of exemption. In computing net income under | 9 | | this Act, there
shall be allowed as an exemption the sum of the | 10 | | amounts determined under
subsections (b), (c) and (d), | 11 | | multiplied by a fraction the numerator of which
is the amount | 12 | | of the taxpayer's base income allocable to this State for the
| 13 | | taxable year and the denominator of which is the taxpayer's | 14 | | total base income
for the taxable year.
| 15 | | (b) Basic amount. For the purpose of subsection (a) of | 16 | | this Section,
except as provided by subsection (a) of Section | 17 | | 205 and in this
subsection, each taxpayer shall be allowed a | 18 | | basic amount of $1000, except
that for corporations the basic | 19 | | amount shall be zero for tax years ending on
or
after December | 20 | | 31, 2003, and for individuals the basic amount shall be:
| 21 | | (1) for taxable years ending on or after December 31, | 22 | | 1998 and prior to
December 31, 1999, $1,300;
| 23 | | (2) for taxable years ending on or after December 31, |
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| 1 | | 1999 and prior to
December 31, 2000, $1,650;
| 2 | | (3) for taxable years ending on or after December 31, | 3 | | 2000 and prior to December 31, 2012, $2,000;
| 4 | | (4) for taxable years ending on or after December 31, | 5 | | 2012 and prior to December 31, 2013, $2,050; | 6 | | (5) for taxable years ending on or after December 31, | 7 | | 2013 and on or before December 31, 2023, $2,050 plus the | 8 | | cost-of-living adjustment under subsection (d-5). | 9 | | For taxable years ending on or after December 31, 1992, a | 10 | | taxpayer whose
Illinois base income exceeds the basic amount | 11 | | and who is claimed as a dependent
on another person's tax | 12 | | return under the Internal Revenue Code shall
not be allowed | 13 | | any basic amount under this subsection.
| 14 | | (c) Additional amount for individuals. In the case of an | 15 | | individual
taxpayer, there shall be allowed for the purpose of | 16 | | subsection (a), in
addition to the basic amount provided by | 17 | | subsection (b), an additional
exemption equal to the basic | 18 | | amount for each
exemption in excess of one
allowable to such | 19 | | individual taxpayer for the taxable year under Section
151 of | 20 | | the Internal Revenue Code.
| 21 | | (d) Additional exemptions for an individual taxpayer and | 22 | | his or her
spouse. In the case of an individual taxpayer and | 23 | | his or her spouse, he or
she shall each be allowed additional | 24 | | exemptions as follows:
| 25 | | (1) Additional exemption for taxpayer or spouse 65 | 26 | | years of age or older.
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| 1 | | (A) For taxpayer. If the taxpayer An additional | 2 | | exemption of $1,000 for the taxpayer if
he or she has | 3 | | attained the age of 65 before the end of the taxable | 4 | | year , then an additional exemption of (i) $1,000 for | 5 | | taxable years beginning prior to January 1, 2023 and | 6 | | (ii) $2,000 for taxable years beginning on or after | 7 | | January 1, 2023 .
| 8 | | (B) For spouse when a joint return is not filed. If | 9 | | An additional
exemption of $1,000 for the spouse of | 10 | | the taxpayer if a joint return is not
made by the | 11 | | taxpayer and his spouse, and if the spouse has | 12 | | attained the age
of 65 before the end of such taxable | 13 | | year, and, for the calendar year in
which the taxable | 14 | | year of the taxpayer begins, has no gross income and is
| 15 | | not the dependent of another taxpayer , then an | 16 | | additional exemption of (i) $1,000 for taxable years | 17 | | beginning prior to January 1, 2023 and (ii) $2,000 for | 18 | | taxable years beginning on or after January 1, 2023 .
| 19 | | (2) Additional exemption for blindness of taxpayer or | 20 | | spouse.
| 21 | | (A) For taxpayer. An additional exemption of | 22 | | $1,000 for the taxpayer if
he or she is blind at the | 23 | | end of the taxable year.
| 24 | | (B) For spouse when a joint return is not filed. An | 25 | | additional
exemption of $1,000 for the spouse of the | 26 | | taxpayer if a separate return is made
by the taxpayer, |
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| 1 | | and if the spouse is blind and, for the calendar year | 2 | | in which
the taxable year of the taxpayer begins, has | 3 | | no gross income and is not the
dependent of another | 4 | | taxpayer. For purposes of this paragraph, the
| 5 | | determination of whether the spouse is blind shall be | 6 | | made as of the end of the
taxable year of the taxpayer; | 7 | | except that if the spouse dies during such
taxable | 8 | | year such determination shall be made as of the time of | 9 | | such death.
| 10 | | (C) Blindness defined. For purposes of this | 11 | | subsection, an individual
is blind only if his or her | 12 | | central visual acuity does not exceed 20/200 in
the | 13 | | better eye with correcting lenses, or if his or her | 14 | | visual acuity is
greater than 20/200 but is | 15 | | accompanied by a limitation in the fields of
vision | 16 | | such that the widest diameter of the visual fields | 17 | | subtends an angle
no greater than 20 degrees.
| 18 | | (d-5) Cost-of-living adjustment. For purposes of item (5) | 19 | | of subsection (b), the cost-of-living adjustment for any | 20 | | calendar year and for taxable years ending prior to the end of | 21 | | the subsequent calendar year is equal to $2,050 times the | 22 | | percentage (if any) by which: | 23 | | (1) the Consumer Price Index for the preceding | 24 | | calendar year, exceeds | 25 | | (2) the Consumer Price Index for the calendar year | 26 | | 2011. |
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| 1 | | The Consumer Price Index for any calendar year is the | 2 | | average of the Consumer Price Index as of the close of the | 3 | | 12-month period ending on August 31 of that calendar year. | 4 | | The term "Consumer Price Index" means the last Consumer | 5 | | Price Index for All Urban Consumers published by the United | 6 | | States Department of Labor or any successor agency. | 7 | | If any cost-of-living adjustment is not a multiple of $25, | 8 | | that adjustment shall be rounded to the next lowest multiple | 9 | | of $25. | 10 | | (e) Cross reference. See Article 3 for the manner of | 11 | | determining
base income allocable to this State.
| 12 | | (f) Application of Section 250. Section 250 does not apply | 13 | | to the
amendments to this Section made by Public Act 90-613.
| 14 | | (g) Notwithstanding any other provision of law, for | 15 | | taxable years beginning on or after January 1, 2017, no | 16 | | taxpayer may claim an exemption under this Section if the | 17 | | taxpayer's adjusted gross income for the taxable year exceeds | 18 | | (i) $500,000, in the case of spouses filing a joint federal tax | 19 | | return or (ii) $250,000, in the case of all other taxpayers. | 20 | | (Source: P.A. 100-22, eff. 7-6-17; 100-865, eff. 8-14-18.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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