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90_SB0620
35 ILCS 5/204 from Ch. 120, par. 2-204
Amends the Illinois Income Tax Act. Provides that
beginning with taxable years ending on or after December 31,
1996, the basic exemption amount for each taxpayer shall be
$3,000 (now $1,000). Provides that the basic amount for
individual taxpayers, the additional amount for individuals,
and the amounts of the additional exemptions for taxpayer's
or taxpayer's spouses who are 65 years of age or older or are
blind shall be subject to annual adjustments equal to the
percentage of increase in the previous calendar year in the
Consumer Price Index for All Urban Consumers for all items
published by the United States Department of Labor. Exempts
the increases in the exemptions from the sunset provisions in
the Act.
SDS/bill0005/dgp
SDS/bill0005/dgp
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 204.
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 204 as follows:
7 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
8 Sec. 204. Standard Exemption.
9 (a) Allowance of exemption. In computing net income
10 under this Act, there shall be allowed as an exemption the
11 sum of the amounts determined under subsections (b), (c) and
12 (d), multiplied by a fraction the numerator of which is the
13 amount of the taxpayer's base income allocable to this State
14 for the taxable year and the denominator of which is the
15 taxpayer's total base income for the taxable year.
16 (b) Basic amount. For the purpose of subsection (a) of
17 this Section, except as provided by subsection (a) of Section
18 205 and in this subsection, each taxpayer shall be allowed a
19 basic amount of $1000 for taxable years ending before
20 December 31, 1996 and $3,000 for taxable years ending on or
21 after December 31, 1996. For taxable years ending on or after
22 December 31, 1992, a taxpayer whose Illinois base income
23 exceeds the basic amount for that taxable year $1,000 and who
24 is claimed as a dependent on another person's tax return
25 under the Internal Revenue Code of 1986 shall not be allowed
26 any basic amount under this subsection. This subsection is
27 exempt from the provisions of Section 250.
28 (c) Additional amount for individuals. In the case of an
29 individual taxpayer, there shall be allowed for the purpose
30 of subsection (a), in addition to the basic amount provided
31 by subsection (b), an additional exemption in the amount of
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1 $1000 for each exemption in excess of one allowable to such
2 individual taxpayer for the taxable year under Section 151 of
3 the Internal Revenue Code.
4 (d) Additional exemptions for an individual taxpayer and
5 his or her spouse. In the case of an individual taxpayer and
6 his or her spouse, he or she shall each be allowed additional
7 exemptions as follows:
8 (1) Additional exemption for taxpayer or spouse 65
9 years of age or older.
10 (A) For taxpayer. An additional exemption of
11 $1,000 for the taxpayer if he or she has attained
12 the age of 65 before the end of the taxable year.
13 (B) For spouse when a joint return is not
14 filed. An additional exemption of $1,000 for the
15 spouse of the taxpayer if a joint return is not made
16 by the taxpayer and his spouse, and if the spouse
17 has attained the age of 65 before the end of such
18 taxable year, and, for the calendar year in which
19 the taxable year of the taxpayer begins, has no
20 gross income and is not the dependent of another
21 taxpayer.
22 (2) Additional exemption for blindness of taxpayer
23 or spouse.
24 (A) For taxpayer. An additional exemption of
25 $1,000 for the taxpayer if he or she is blind at the
26 end of the taxable year.
27 (B) For spouse when a joint return is not
28 filed. An additional exemption of $1,000 for the
29 spouse of the taxpayer if a separate return is made
30 by the taxpayer, and if the spouse is blind and, for
31 the calendar year in which the taxable year of the
32 taxpayer begins, has no gross income and is not the
33 dependent of another taxpayer. For purposes of this
34 paragraph, the determination of whether the spouse
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1 is blind shall be made as of the end of the taxable
2 year of the taxpayer; except that if the spouse dies
3 during such taxable year such determination shall be
4 made as of the time of such death.
5 (C) Blindness defined. For purposes of this
6 subsection, an individual is blind only if his or
7 her central visual acuity does not exceed 20/200 in
8 the better eye with correcting lenses, or if his or
9 her visual acuity is greater than 20/200 but is
10 accompanied by a limitation in the fields of vision
11 such that the widest diameter of the visual fields
12 subtends an angle no greater than 20 degrees.
13 (d-1) Beginning with taxable years ending on December
14 31, 1997 and thereafter, the basic amount for individual
15 taxpayers in subsection (b), the additional amount for
16 individuals in subsection (c), and the amounts of the
17 additional exemptions in subsection (d) shall be subject to
18 annual adjustment equal to the percentage of increase in the
19 previous calendar year in the Consumer Price Index for All
20 Urban Consumers for all items published by the United States
21 Department of Labor. This subsection is exempt from the
22 provisions of Section 250.
23 (e) Cross reference. See Article 3 for the manner of
24 determining base income allocable to this State.
25 Section 10. This Act takes effect upon becoming law.
26 (Source: P.A. 86-146; 87-880; 87-1246.)