SB1150sam001 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/1/2022

10200SB1150sam001 LRB102 04951 HLH 38514 a

AMENDMENT TO SENATE BILL 1150

AMENDMENT NO. ______. Amend Senate Bill 1150 by replacing everything after the enacting clause with the following:

"Article 5. INCOME TAX REFUNDS

Section 5-5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.21 as follows:

(5 ILCS 100/5-45.21 new)

Sec. 5-45.21. Emergency rulemaking. To provide for the expeditious and timely implementation of this amendatory Act of the 102nd General Assembly, emergency rules implementing Section 212.1 of the Illinois Income Tax Act may be adopted in accordance with Section 5-45 by the Department of Revenue. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 102nd General Assembly.

Section 5-10. The Illinois Income Tax Act is amended by adding Section 212.1 as follows:

(35 ILCS 5/212.1 new)

Sec. 212.1. Fiscal Year 2023 individual income tax refunds.

(a) Each taxpayer who files an individual income tax return under this Act for the taxable year that began on January 1, 2021 and has a federal adjusted gross income for that taxable year that does not exceed $250,000 for single filers or $500,000 for spouses filing a joint return, as represented on the taxpayer's individual income tax return under this Act, is entitled to a one-time refund under this Section. The amount of the refund shall be $100 for single filers and $200 for spouses filing a joint return, plus an additional $50 for each person who is claimed as a dependent on the taxpayer's federal income tax return for the taxable year that began on January 1, 2021, not to exceed 3 dependents per refund. A taxpayer who files an individual income tax return under this Act for the taxable year that began on January 1, 2021, and who is claimed as a dependent on another individual's return for that year, is ineligible for the refund provided under this Section. Spouses who qualify for a refund under this Section and who file a joint return shall be treated as a single taxpayer for the purposes of the refund under this Section. For a part-year resident, the amount of the refund under this Section shall be in proportion to the amount of the taxpayer's income that is attributable to this State for the taxable year that began on January 1, 2021. Taxpayers who were non-residents for the taxable year that began on January 1, 2021 are not entitled to a refund under this Section.

(b) As soon as possible after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall examine each individual income tax return filed for the taxable year that began on January 1, 2021 for the purpose of granting refunds under this Section. Based on those examinations, the Department shall submit a voucher to the State Comptroller and the State Treasurer for the amount of each refund under this Section. Those vouchers shall be issued no later than August 1, 2022. Except as provided in subsection (c), payment shall be made to the taxpayer no later than October 1, 2022 by a warrant drawn on the State treasury by the State Comptroller and countersigned by the State Treasurer.

(c) Notwithstanding the provisions of subsection (b), if a qualified taxpayer has been granted an extension for the filing of his or her Illinois income tax return for the taxable year beginning on January 1, 2021, then the voucher for payment shall be issued no later than 60 days after the extended return is accepted by the Department (but in no event earlier than August 1, 2022), and payment shall be made to the taxpayer within 30 days after the voucher is received by the State Comptroller (but in no event earlier than October 1, 2022). If the taxpayer files an amended return indicating that he or she is entitled to a refund under this Section that he or she did not receive, or indicating that he or she did not receive the full refund amount to which he or she is entitled, then the refund shall be processed in the same manner as a claim for refund under Article 9. If the taxpayer files an amended return indicating that he or she received a refund under this Section to which he or she is not entitled, then the Department shall issue a notice of deficiency as provided in Article 9.

(d) The amount of a refund under this Section 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.

(e) Nothing in this Section prevents a taxpayer from receiving the earned income tax credit and the refund under this Section for the same taxable year.

(f) The Department shall adopt rules for the implementation of this Section, including emergency rules under Section 5-45.21 of the Illinois Administrative Procedure Act.

Article 99. EFFECTIVE DATE

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