SB2859eng 95TH GENERAL ASSEMBLY

SB2859 Engrossed LRB095 19170 BDD 45409 b

AN ACT concerning revenue.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Income Tax Act is amended by changing Section 217 as follows:

(35 ILCS 5/217)

Sec. 217. Credit for wages paid to qualified veterans.

(a) Each For each taxable year beginning on or after January 1, 2007, each taxpayer who, during the taxable year, paid wages to a qualified veteran is entitled to a credit against the tax imposed by subsections (a) and (b) of Section 201 of this Act in the amount set forth under subsection (a-5). an amount equal to 5%, but in no event to exceed $600, of the gross wages paid by the taxpayer to a qualified veteran in the course of that veteran's sustained employment during the taxable year. For partners, shareholders of Subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this Section to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code.

(a-5) For taxable years ending on or after December 31, 2007 and ending on or before December 30, 2009, the amount of the credit under this Section is an amount equal to 5% (but in no event to exceed $600) of the gross wages paid by the taxpayer to a Southwest-Asia-service veteran in the course of that veteran's sustained employment during the taxable year.

For taxable years ending on or after December 31, 2009 and ending on or before December 30, 2014, the amount of the credit under this Section is:

(1) with respect to wages paid to a Southwest-Asia-service veteran, an amount equal to 10% (but in no event to exceed $1,200) of the gross wages paid by the taxpayer in the course of that veteran's sustained employment during the taxable year; and

(2) with respect to wages paid to any other qualified veteran who was initially hired by the taxpayer on or after January 1, 2009, an amount equal to 7.5% (but in no event to exceed $800) of the gross wages paid by the taxpayer in the course of that veteran's sustained employment during the taxable year.

(b) For purposes of this Section:

"Qualified veteran" means an Illinois resident who: (i) was a member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of any reserve component of the Armed Forces of the United States and who ; (ii) served on active duty in connection with Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom; (iii) has provided, to the taxpayer, documentation showing that he or she was honorably discharged; and (iv) was initially hired by the taxpayer on or after January 1, 2007.

"Southwest-Asia-service veteran" means a qualified veteran who served on active duty in connection with Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom and who was initially hired by the taxpayer on or after January 1, 2007.

"Sustained employment" means a period of employment that is not less than 185 days during the taxable year.

(c) In no event shall a credit under this Section reduce the taxpayer's liability to less than zero. If the amount of the credit exceeds the tax liability for the year, the excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The tax credit shall be applied to the earliest year for which there is a tax liability. If there are credits for more than one year that are available to offset a liability, the earlier credit shall be applied first.

(Source: P.A. 94-1067, eff. 8-1-06.)