State of Illinois
91st General Assembly
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91_HB1655

 
                                               LRB9105172PTmb

 1        AN  ACT  to amend the Illinois Income Tax Act by changing
 2    Section 210.

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

 5        Section  5.   The  Illinois  Income Tax Act is amended by
 6    changing Section 210 as follows:

 7        (35 ILCS 5/210)
 8        Sec. 210. Child care facility and program Dependent  care
 9    assistance program tax credit.
10        (a)  Beginning with tax years ending on or after June 30,
11    1995  and  ending with tax years ending on or before December
12    30,  1999,  each  taxpayer  who  is  primarily   engaged   in
13    manufacturing is entitled to a credit against the tax imposed
14    by  subsections (a) and (b) of Section 201 in an amount equal
15    to 5% of the amount of expenditures by the  taxpayer  in  the
16    tax  year  for which the credit is claimed, reported pursuant
17    to Section 129(d)(7) of the Internal Revenue Code, to provide
18    in the Illinois  premises  of  the  taxpayer's  workplace  an
19    on-site  facility  dependent  care  assistance  program under
20    Section 129 of the Internal Revenue Code.
21        (a-5)  Beginning  with  tax  years  ending  on  or  after
22    December  31,  1999,  each  taxpayer  is entitled to a credit
23    against the tax imposed by subsections (a) and (b) of Section
24    201 in an amount equal to 30% of the amount  of  expenditures
25    by  the  taxpayer for the benefit of the taxpayer's employees
26    during the tax year to provide an on-site child care facility
27    or an off-site child care program.  The credit may not exceed
28    $50,000 for the taxable year. This subsection is exempt  from
29    the provisions of Section 250.
30        (b)  If  the  amount  of credit exceeds the tax liability
31    for the year, the excess may be carried forward  and  applied
 
                            -2-                LRB9105172PTmb
 1    to  the  tax  liability  of the 2 taxable years following the
 2    excess credit year.  The  credit  shall  be  applied  to  the
 3    earliest  year  for  which there is a tax liability. If there
 4    are credits from more than one tax year that are available to
 5    offset a liability,  the  earlier  credit  shall  be  applied
 6    first.
 7        (c)  A   taxpayer   claiming   the   credit  provided  by
 8    subsection (a) this Section shall maintain  and  record  such
 9    information  as  the  Department  may  require  by regulation
10    regarding the dependent care  assistance  program  for  which
11    credit  is  claimed.  When  claiming  the  credit provided by
12    subsection (a) this Section, the taxpayer shall provide  such
13    information regarding the taxpayer's provision of a dependent
14    care  assistance  program  under  Section 129 of the Internal
15    Revenue Code.
16        (d)  A  taxpayer  claiming   the   credit   provided   in
17    subsection  (a-5)  shall maintain and record such information
18    as the Department may require  by  regulation  regarding  the
19    child care services for which this credit is claimed.
20    (Source: P.A. 88-505.)

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

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