HB0630 100TH GENERAL ASSEMBLY

LRB100 05883 HLH 15909 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0630

Introduced , by Rep. David Harris

SYNOPSIS AS INTRODUCED:

35 ILCS 5/212

Amends the Illinois Income Tax Act. Provides that, for each taxable year beginning on or after January 1, 2017, the earned income tax credit shall be 15% (currently, 10%) of the federal tax credit. Provides that, if the amount of the earned income tax credit exceeds the taxpayer's income tax liability, then 50% of the excess credit amount shall be refunded to the taxpayer (currently, the entire excess credit amount is refundable). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 212 as follows:

(35 ILCS 5/212)

Sec. 212. Earned income tax credit.

(a) With respect to the federal earned income tax credit allowed for the taxable year under Section 32 of the federal Internal Revenue Code, 26 U.S.C. 32, each individual taxpayer is entitled to a credit against the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to (i) 5% of the federal tax credit for each taxable year beginning on or after January 1, 2000 and ending prior to December 31, 2012, (ii) 7.5% of the federal tax credit for each taxable year beginning on or after January 1, 2012 and ending prior to December 31, 2013, and (iii) 10% of the federal tax credit for each taxable year beginning on or after January 1, 2013 and beginning prior to January 1, 2017, and (iv) 15% of the federal tax credit for each taxable year beginning on or after January 1, 2017.

For a non-resident or part-year resident, the amount of the credit under this Section shall be in proportion to the amount of income attributable to this State.

(b) For taxable years beginning before January 1, 2003, in no event shall a credit under this Section reduce the taxpayer's liability to less than zero. For each taxable year beginning on or after January 1, 2003 and beginning prior to January 1, 2017, if the amount of the credit exceeds the income tax liability for the applicable tax year, then the excess credit shall be refunded to the taxpayer. For each taxable year beginning on or after January 1, 2017, if the amount of the credit exceeds the income tax liability for the applicable tax year, then 50% of the excess credit shall be refunded to the taxpayer. The amount of a refund shall not be included in the taxpayer's income or resources for the purposes of determining eligibility or benefit level in any means-tested benefit program administered by a governmental entity unless required by federal law.

(c) This Section is exempt from the provisions of Section 250.

(Source: P.A. 97-652, eff. 6-1-12.)

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