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(35 ILCS 5/213)
Sec. 213. Film production services credit. For tax years beginning on or
after January 1, 2004, a taxpayer who has been awarded a tax credit under the
Film Production Services Tax Credit Act or under the Film Production Services Tax Credit Act of 2008 is entitled to a credit against the
taxes imposed under subsections (a) and (b) of Section 201 of this Act in an
amount determined by the Department of Commerce and Economic Opportunity under those Acts. If the taxpayer is a partnership or
Subchapter S corporation, the credit is allowed to the partners or shareholders
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 transfer of this credit may be made by the taxpayer earning the credit within one year after the credit is awarded in accordance with rules adopted by the Department of Commerce and Economic Opportunity.
Beginning July 1, 2023, if a credit is transferred under this Section by the taxpayer, then the transferor taxpayer shall pay to the Department of Commerce and Economic Opportunity, upon notification of a transfer, a fee equal to 2.5% of the transferred credit amount eligible for nonresident wages, as described in Section 10 of the Film Production Services Tax Credit Act of 2008, and an additional fee of 0.25% of the total amount of the transferred credit that is not calculated on nonresident wages, which shall be deposited into the Illinois Production Workforce Development Fund. The
Department, in cooperation with the Department of Commerce and Economic Opportunity, must prescribe rules to enforce and administer the provisions of this
Section. This Section is exempt from the provisions of Section 250 of this
Act.
The credit may not be carried back. 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 credit
shall be applied to the earliest year for which there is a tax liability. If
there are credits from more than one tax year that are available to offset a
liability, the earlier credit shall be applied first. In no event shall a credit
under this Section reduce the taxpayer's
liability to less than
zero.
(Source: P.A. 102-700, eff. 4-19-22.)
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