Sen. Bill Cunningham

Filed: 5/31/2026

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 958

2    AMENDMENT NO. ______. Amend House Bill 958, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1

 
6    Section 1-1. Short title. This Act may be cited as the
7Municipal Stadium Authority Act. References in this Article to
8"this Act" mean this Article.
 
9    Section 1-5. Definitions. As used in this Act:
10    "Authority" refers to a municipal stadium authority
11created by this Act.
12    "Board" refers to the board of directors of the stadium
13authority.
14    "Bonds" means revenue bonds, notes, or other obligations
15issued by the Authority and payable from pledged revenues.

 

 

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1    "Capital improvement" means any facility or complex of
2facilities that is used to hold professional sporting events,
3including stadiums, and the land comprising the site,
4equipment, heating and air conditioning facilities, sewage
5disposal facilities, landscaping, walks, drives, parking
6facilities, and other structures, facilities, appurtenances,
7materials, and supplies that are necessary to make any
8building, facility, or improvement suitable for the use for
9which it was constructed.
 
10    Section 1-10. Creation of a municipal stadium authority.
11    (a) During the 5-year period beginning on the effective
12date of this Act, any home-rule municipality with a population
13of 70,000 or more residents that is entirely located in a
14county with a population of more than 3,000,000 residents may,
15by resolution, establish a municipal stadium authority as a
16political subdivision and unit of local government for the
17benefit of the general public and for the purpose of
18financing, acquiring, constructing, or improving any facility
19or complex of facilities that is used to hold professional
20sporting events, including stadiums, as well as for financing,
21constructing, acquiring, making, renovating, or adding capital
22improvements to, connected to, or related to those facilities.
23    (b) Any facility or complex of facilities that is used to
24hold professional sporting events, including a stadium, that
25is constructed and financed by a municipal stadium authority

 

 

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1under this Act shall be owned by the municipal stadium
2authority.
3    (c) Notwithstanding any other provision of this Section,
4beginning 5 years after the effective date of this Act, a home
5rule municipality may not establish a municipal stadium
6authority under this Act. This Section is a limitation under
7subsection (i) of Section 6 of Article VII of the Illinois
8Constitution on the concurrent exercise by home rule units of
9powers and functions exercised by the State.
 
10    Section 1-15. Authority; powers and duties.
11    (a) A municipal stadium authority created under this Act
12may exercise the powers set forth in this Act as well as those
13powers ordinarily authorized by law for a political
14subdivision and unit of local government deemed necessary and
15convenient to accomplish the purposes described in this Act;
16provided, however, that such powers may be limited or
17restricted by the creating municipality by resolution.
18    (b) The municipal stadium authority's territorial
19jurisdiction may not extend beyond the boundaries of the
20creating municipality and may be further narrowed and
21circumscribed in the resolution creating the authority.
22    (c) The municipal stadium authority shall use the powers
23conferred on it under this Act for the sole purpose of
24assisting in the financing, funding, developing, acquiring,
25constructing, maintenance, and operation of a professional

 

 

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1sports facility or complex of facilities that are used to hold
2professional sporting events, including stadiums, as well as
3financing and constructing capital improvements for such
4facilities and any infrastructure needed to support the
5facilities.
6    (d) The municipal stadium authority shall possess all
7powers of a political subdivision and unit of local government
8necessary and convenient to accomplish the purposes of this
9Act, including, but not limited to, the power:
10        (1) to acquire by grant, purchase, gift, devise,
11    lease, condemnation, or otherwise, and hold, use, sell,
12    lease, rent, or dispose of, real and personal property and
13    all property rights and interests needed or considered
14    useful in connection with a capital improvement;
15        (2) to finance, improve, construct, reconstruct,
16    renovate, repair, remodel, design, order, enlarge, extend,
17    contract for, add to, purchase, lease, acquire, or equip
18    any capital improvement built, to be built, acquired, or
19    to be acquired by the municipal stadium authority and land
20    thereto;
21        (3) to control and operate a capital improvement,
22    including letting concessions and leasing all or part of
23    the capital improvement;
24        (4) to fix charges and establish rules governing the
25    use of a capital improvement;
26        (5) to accept gifts or contributions from individuals,

 

 

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1    corporations, limited liability companies, partnerships,
2    associations, trusts, or political subdivisions,
3    foundations, and funds, loans, or advances from the
4    federal government, the State, and any political
5    subdivision or department of either;
6        (6) to exercise the power of eminent domain;
7        (7) to receive and collect money due for the use or
8    leasing of a capital improvement and from concessions and
9    other contracts, and expend the money for proper purposes;
10        (8) to receive from political subdivisions any taxes
11    or revenues as pledged bond revenues and expend the money
12    for operating expenses, payments of principal or interest
13    of bonds or notes, and for all or part of the cost of a
14    capital improvement;
15        (9) to retain the services of or hire architects,
16    engineers, accountants, auditors, attorneys, construction
17    managers, superintendents, clerks, consultants and any
18    other employees;
19        (10) to make, enter into, and enforce all leases,
20    contracts, and agreements, including leases of capital
21    improvements and agreements to sell or lease property;
22        (11) to prepare and publish descriptive material and
23    literature relating to the facilities and advantages of a
24    capital improvement and do all other acts that the
25    municipal stadium authority considers necessary to promote
26    and publicize the capital improvement. The authority may

 

 

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1    also assist, cooperate, and fund governmental, public, and
2    private agencies and groups for these purposes;
3        (12) to sue, be sued, plead, and be impleaded; and
4        (13) to take any other action necessary to implement
5    its purposes as set forth in this Act.
 
6    Section 1-20. Board members; officers; governance.
7    (a) The governing and administrative powers of the
8municipal stadium authority shall be vested in its board,
9which shall consist of at least 5 members all of whom shall be
10nominated by the corporate authorities of the creating
11municipality and appointed by the mayor of the appointing
12municipality.
13    (b) All persons appointed as members of the board shall be
14residents of the creating municipality and shall have
15recognized ability and experience in one or more of the
16following areas: economic development; finance; banking;
17commercial development; professional sports or stadium
18management; small business management; real estate
19development; community development; organized labor; or units
20of local government.
21    (c) The chairperson of the board shall be selected by a
22majority vote of the members of the board.
23    (d) The city council of the creating municipality may
24remove, by simple majority vote, any member of the board of
25directors of the municipal stadium authority deemed by the

 

 

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1city council, in its sole discretion, to be incompetent, to
2have neglected the member's duty, or to have intentionally
3committed an illegal, dishonest, wrongful, or unlawful act.
4    (e) Members shall be appointed to 5-year terms. Members of
5the board, unless removed, shall hold office until their
6respective successors have been appointed. Any member may
7resign from his or her office. Vacancies shall be filled in the
8same manner as original appointments.
9    (f) Members of the board shall serve without compensation
10for their services as members but may be reimbursed for all
11necessary expenses incurred in connection with the performance
12of their duties as members.
13    (g) A majority of the appointed members of the board shall
14constitute a quorum for the transaction of business, and the
15board may not meet or take any action without a quorum present.
16The affirmative vote of a majority of the members present at a
17meeting at which a quorum is present shall be necessary for any
18official act of the municipal stadium authority.
19    (h) All members of the board and employees of the
20municipal stadium authority are subject to the Illinois
21Governmental Ethics Act and shall submit a statement of
22economic interests in accordance with Article 4A of the
23Illinois Governmental Ethics Act. Additionally, each board
24member shall disclose to the board outside sources of income
25and any business relationships in economic development,
26banking, finance, sports or stadium management, construction,

 

 

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1consulting, or lobbying. Reporting shall include the source of
2income, services provided, and a timeline of when services
3were provided. If the source of income is a firm or
4organization with multiple clients, the report shall list all
5of the entities for which the individual provided services,
6received compensation, or both.
7    (i) The board may appoint an executive director who shall
8have a background in finance, real estate or economic
9development, professional sports or stadium management, or
10administration. The executive director shall hold office at
11the discretion of the board. The executive director shall be
12the chief administrative and operational officer of the
13municipal stadium authority, shall direct and supervise its
14administrative affairs and general management, shall perform
15such other duties as may be prescribed from time to time by the
16board, and shall receive compensation fixed by the board. The
17executive director shall attend all meetings of the board;
18however, no action of the board or the municipal stadium
19authority shall be invalid on account of the absence of the
20executive director from a meeting excused by the board
21chairman.
 
22    Section 1-25. Open meetings; record disclosure.
23    (a) The municipal stadium authority is subject to the Open
24Meetings Act and the Freedom of Information Act. All rules,
25regulations, ordinances, resolutions, and proceedings of the

 

 

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1municipal stadium authority, and all documents and records in
2its possession, shall be public records and open to public
3inspection, except those documents and records as shall be
4kept or prepared by the board for use in negotiations,
5actions, or proceedings to which the municipal stadium
6authority is a party.
7    (b) The municipal stadium authority shall provide a
8detailed report of the authority's quarterly financial
9information on the authority's website. The municipal stadium
10authority's annual audited financial statements shall be
11posted on the authority's website as those statements become
12available.
 
13    Section 1-30. Limitations. If any of the municipal stadium
14authority's powers are exercised within the territorial
15jurisdiction of any municipality, all ordinances of that
16municipality shall remain in full force and effect and shall
17be controlling, including, but not limited to, building codes
18and zoning ordinances; provided that when an intergovernmental
19cooperation agreement that includes the municipal stadium
20authority and the municipality addresses a substantially
21similar subject matter as an ordinance of a municipality, the
22terms of the intergovernmental cooperation agreement shall be
23controlling.
 
24    Section 1-32. Diversity goals and labor agreement.

 

 

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1    (a) Before a municipal stadium authority may commence any
2demolition building construction for a professional sports
3facility, complex of facilities, or stadium, the municipal
4stadium authority must: (1) enter into a project labor
5agreement; and (2) establish the goal of awarding 20% of the
6total dollar amount of contracts that are related to the
7construction, development, or operation of the professional
8sports facility, complex of facilities, or stadium to
9minority-owned businesses during each calendar year.
10    (b) The project labor agreement must include the following
11provisions: (1) a provision establishing the minimum hourly
12wage for each class of labor organization employee; (2) a
13provision establishing the benefits and other compensation for
14each class of labor organization employee; (3) a provision
15requiring that no strike or dispute will be engaged in by the
16labor organization employees; (4) a provision requiring that
17no lockout or dispute will be engaged in by the general
18contractor or any subcontractor building the project; (5) a
19provision establishing goals for apprenticeship hours to be
20performed by minority persons and women and goals for total
21hours to be performed by minority persons and women, as those
22terms are defined in the Business Enterprise for Minorities,
23Women, and Persons with Disabilities Act; and (6) other
24provisions as necessary.
25    (c) The municipal stadium authority shall also have in
26place at all times during the construction, development, or

 

 

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1operation a professional sports facility, complex of
2facilities, or stadium a labor peace agreement with any bona
3fide labor organization that represents or is attempting to
4represent any employees or vendors performing work in
5connection with the project. It shall also require that any
6vendor performing work in connection with the project enter
7into a labor peace agreement with any bona fide labor
8organization that represents or is attempting to represent any
9employees of a subcontractor who are performing work in
10connection with the project. The municipal stadium authority
11must attest each year that it remains in compliance with this
12Section by posting copies of such agreements on its website.
13    (d) As used in this Act:
14    "Minority person" means a person who is a citizen or
15lawful permanent resident of the United States and who is any
16of the following:
17        (1) American Indian or Alaska Native (a person having
18    origins in any of the original peoples of North and South
19    America, including Central America, and who maintains
20    tribal affiliation or community attachment).
21        (2) Asian (a person having origins in any of the
22    original peoples of the Far East, Southeast Asia, or the
23    Indian subcontinent, including, but not limited to,
24    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
25    the Philippine Islands, Thailand, and Vietnam).
26        (3) Black or African American (a person having origins

 

 

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1    in any of the black racial groups of Africa).
2        (4) Hispanic or Latino (a person of Cuban, Mexican,
3    Puerto Rican, South or Central American, or other Spanish
4    culture or origin, regardless of race).
5        (5) Native Hawaiian or Other Pacific Islander (a
6    person having origins in any of the original peoples of
7    Hawaii, Guam, Samoa, or other Pacific Islands).
8    "Minority-owned business" means a business that is at
9least 51% owned by one or more minority persons, or that, in
10the case of a corporation, has at least 51% of its stock owned
11by one or more minority persons, and that, in either case, is
12managed and operated on a daily basis by one or more of the
13minority individuals who own the business.
14    "Project labor agreement" means a prehire collective
15bargaining agreement that covers all terms and conditions of
16employment between the general contractor and all
17subcontractors hired by the master developer, developer,
18codevelopers, as applicable, of a project. A "project labor
19agreement" must include the following provisions: (1) a
20provision establishing the minimum hourly wage for each class
21of labor organization employee; (2) a provision establishing
22the benefits and other compensation for each class of labor
23organization employee; (3) a provision requiring that no
24strike or dispute will be engaged in by the labor organization
25employees; (4) a provision requiring that no lockout or
26dispute will be engaged in by the general contractor and all

 

 

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1subcontractors building the project; and (5) a provision
2establishing goals for apprenticeship hours to be performed by
3minority persons and women and goals for total hours to be
4performed by minority persons and women, as those terms are
5defined in the Business Enterprise for Minorities, Women, and
6Persons with Disabilities Act. A "project labor agreement" may
7include other terms and conditions as necessary.
 
8    Section 1-35. Bonds.
9    (a) The municipal stadium authority shall have the power
10to issue bonds in one or more series to finance the building,
11acquiring, construction, or development of a professional
12sports stadium, facility, or complex of facilities that are
13used to hold professional sporting events, as well as for
14financing, constructing, improving, or renovating capital
15improvements for those facilities and any infrastructure
16needed to support the facilities and funding, refunding, or
17refinancing bonds issued. The bonds may be issued as revenue
18bonds as defined in and subject to the procedures provided in
19the Local Government Debt Reform Act that do not conflict with
20the provisions of this Act. Bonds shall be issued only as
21revenue bonds and shall not be subject to referendum or
22back-door referendum.
23    (b) The bonds may be made payable, both as to principal,
24premium, and interest, from the following sources of revenues,
25which, to the extent pledged by the municipal stadium

 

 

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1authority for that purpose, shall constitute pledged stadium
2revenues:
3        (1) available private funds, contributions, and
4    grants;
5        (2) available funds, contributions, grants, tax
6    credits, appropriations, financial assistance from the
7    State, federal government, or a unit of local government;
8        (3) taxes and other sources of revenue received by the
9    creating municipality or other unit of government and
10    pledged to the municipal stadium authority under an
11    intergovernmental agreement dedicating and obligating such
12    revenue streams as pledged stadium revenues;
13        (4) current or anticipated rents from a lease or
14    income received from the operation of the capital
15    improvements for which the bonds were issued; and
16        (5) any combination of the foregoing.
17    (c) The municipal stadium authority shall pledge the
18pledged stadium revenues to the repayment of the bonds in the
19resolution authorizing the issuance of the bonds.
20    (d) The bonds shall be issued as revenue bonds, shall not
21be general obligations of the municipal stadium authority, the
22creating municipality, or the State of Illinois, and shall
23not, in any event, give rise to a charge against the general
24credit or taxing powers of the municipal stadium authority,
25the creating municipality, or the State of Illinois, or be
26payable out of any funds or properties other than the pledged

 

 

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1stadium revenues and shall so state on the face of the bonds.
2The revenue bonds must recite on their face that the principal
3of and interest on the bonds are payable solely from the
4amounts pledged to their payment.
5    (e) If the municipal stadium authority desires to finance
6a capital improvement in whole or in part as provided in this
7Act, it shall adopt a resolution authorizing the issuance of
8revenue bonds. The resolution must state the date or dates on
9which the principal of the bonds will mature (not exceeding 40
10years from the date of issuance), the maximum interest rate to
11be paid, and the other terms upon which the bonds will be
12issued. The bonds shall mature within 40 years. The terms and
13form of the bonds shall either be set out in the resolution or
14in a form of trust indenture approved by the resolution. The
15resolution or trust agreement may pledge all or part of those
16amounts to the repayment of the bonds and may secure the bonds
17by a lien on the amounts pledged.
18    (f) All money received from any bonds issued under this
19Act shall be applied solely to the payment of the cost of the
20acquisition, construction, operation, or maintenance of a
21professional sports stadium, facility, or complex of
22facilities and capital improvements thereto, or the cost of
23refunding or refinancing outstanding bonds, for which the
24bonds are issued. These costs may include, but are not limited
25to:
26        (1) planning, development, construction, operation, or

 

 

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1    maintenance of the facility and all buildings, facilities,
2    structures, and improvements related to it;
3        (2) acquisition of a site and clearing and preparing
4    the site for construction;
5        (3) equipment, facilities, structures, and
6    improvements that are necessary or desirable to make the
7    facility or capital improvement suitable for use and
8    operations;
9        (4) architectural, engineering, consultant, financial
10    advisory, and attorney's fees;
11        (5) incidental expenses in connection with the
12    issuance and sale of bonds;
13        (6) reserves for principal and interest;
14        (7) interest during construction;
15        (8) insurance during construction;
16        (9) bond insurance, debt service reserve insurance,
17    letters of credit, or other credit enhancement;
18        (10) in the case of refunding or refinancing, payment
19    of the principal of, redemption premiums (if any) for, and
20    interest on, the bonds being refunded or refinanced;
21        (11) costs related to the operation, maintenance,
22    administration, or replacement of a capital improvement;
23        (12) costs related to constructing, renovating, and
24    equipping a capital improvement;
25        (13) costs related to the financing or refinancing of
26    a capital improvement, including, but not limited to, any

 

 

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1    debt service payments on bonds or lease rental payments in
2    respect of leases; and
3        (14) costs or expenses of the board or the authority
4    incurred in connection with administering the capital
5    improvement or related bonds, leases, agreements, or
6    related undertakings.
7    (g) Each issuance of bonds proposed after the initial
8issuance of the bonds shall be authorized by the municipal
9stadium authority only if pledged stadium revenues held in
10trust for the repayment of those bonds exceed the amount that
11is sufficient to meet the debt service coverage requirements
12on the bonds outstanding as set forth in the documentation
13relating to the issuance of the bonds and the excess is at
14least sufficient to meet expected debt service coverage
15requirements on the proposed issue of bonds.
16    (h) Notwithstanding any other provision of this Act, a
17municipal stadium authority may not issue bonds under this Act
18unless:
19        (1) the municipal stadium authority has (i) entered
20    into a lease with a professional sports team for the use of
21    the stadium part of the facility to be constructed, (ii)
22    such lease obligates the professional sports team to use
23    the stadium for a term of at least 35 years, and (iii) that
24    lease has been approved by the creating municipality by
25    resolution.
26        (2) the municipal stadium authority has entered into a

 

 

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1    written agreement with the creating municipality
2    concerning the terms of the financing of the facility;
3        (3) the issuance of bonds does not impair, limit, or
4    restrict the municipal stadium authority's sole ownership
5    rights to the facility or capital improvement; (i) Only a
6    facility or complex of facilities that are used to hold
7    professional sporting events, including a professional
8    sports stadium, and capital improvements for and
9    infrastructure to support such a facility or complex of
10    facilities, including any publicly owned parking, parking
11    garages, or plaza, may be financed with bonds and debt
12    issued by a municipal stadium authority. However, that the
13    facility or complex of facilities may be used for other
14    purposes in addition to holding professional sporting
15    events.
16    (i) If the municipal stadium authority desires to finance
17a stadium or capital improvement in whole or in part by the
18issuance of bonds under this Act, the municipal stadium
19authority must hold a public hearing and shall submit the
20following information to the creating municipality at least 30
21days before the adoption of a resolution authorizing the
22issuance of the bonds:
23        (1) a description of the project to be financed
24    through the issuance of bonds;
25        (2) the total amount of the project anticipated to be
26    funded through the issuance of bonds;

 

 

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1        (3) the total amount of other anticipated revenue
2    sources for the project; and
3        (4) any other terms upon which the bonds will be
4    issued.
 
5    Section 1-40. Bonds issued. The municipal stadium
6authority may secure bonds issued under this Act by a trust
7indenture between the authority and a corporate trustee, which
8may be any trust company or national bank having the powers of
9a trust company in Illinois. The trust indenture may: (i)
10pledge or assign lease rentals, receipts, income from leased
11capital improvements, or other sources of revenue that
12constitutes pledged stadium revenues, but may not mortgage
13land or capital improvements; (ii) contain reasonable and
14proper provisions for protecting and enforcing the rights and
15remedies of the bondholders, including covenants setting forth
16the duties of the municipal stadium authority; (iii) set forth
17the rights and remedies of bondholders and trustee; and (iv)
18restrict the individual right of action of bondholders.
 
19    Section 1-45. Reports; commitment notice. The municipal
20stadium authority shall annually submit a report of its
21finances to the creating municipality and the Auditor General.
22The municipal stadium authority shall provide notice to the
23creating municipality, the General Assembly, the Department of
24Commerce and Economic Opportunity, and the Governor whenever

 

 

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1the municipal stadium authority enters into a commitment to
2support the financing of a professional sports stadium,
3facility, or complex of facilities.
 
4    Section 1-50. Exemption from taxation.
5    (a) Any facility or complex of facilities that are used to
6hold professional sporting events or any capital improvement
7that is owned by the municipal stadium authority is exempt
8from taxation under the Property Tax Code, including property
9leased to or by the stadium authority.
10    (b) Bonds issued by the municipal stadium authority, the
11interest on the bonds, the proceeds received by a holder from
12the sale of bonds to the extent of the holder's cost of
13acquisition, proceeds received upon redemption before
14maturity, proceeds received at maturity, and the receipt of
15interest in proceeds are exempt from Illinois income taxes.
 
16    Section 1-55. Stadium development fund.
17    (a) The municipal stadium authority shall establish a
18stadium development fund and shall administer the fund. The
19expenses of administering the fund shall be paid from moneys
20in the fund.
21    (b) The stadium authority may use moneys in the fund for
22purposes, including, but not limited to, the following:
23        (1) the payment of debt service payments or lease
24    rental obligations due and payable for bonds issued by, or

 

 

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1    leases entered into by, the municipal stadium authority,
2    including any such obligations to finance all or any part
3    of any capital improvements, stadiums, parking facilities,
4    or training facilities;
5        (2) the acquisition of land within the municipality
6    related to the construction, renovation, or equipping of a
7    capital improvement or the operation of a capital
8    improvement;
9        (3) the acquisition, improvement, preparation,
10    demolition, disposal, construction, reconstruction,
11    remediation, rehabilitation, restoration, preservation,
12    maintenance, repair, furnishing, and equipping of capital
13    improvements and public facilities, including, but not
14    limited to, any stadiums, parking facilities or training
15    facilities, utilities and transportation infrastructure;
16    and
17        (4) the recruitment of new businesses and new
18    employees to the capital improvement area.
 
19    Section 1-60. Municipal bonds.
20    (a) A capital improvement may be financed, in whole or in
21part, by the issuance of general obligation bonds of the
22creating municipality. If the municipal stadium authority
23desires to finance a capital improvement, in whole or in part,
24as provided in this Section, it shall have prepared a
25resolution to be adopted by the legislative body of the

 

 

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1municipality authorizing the issuance of general obligation
2bonds. The resolution must state the date or dates on which the
3principal of the bonds is payable, the maximum interest rate
4to be paid, and the other terms upon which the bonds shall be
5issued. The municipal stadium authority shall submit the
6proposed resolution to the legislative body of the
7municipality for approval. The resolution must also state the
8estimated annual net income of the capital improvement to be
9financed by the bonds, the estimated annual revenues, and the
10maximum amount payable in any year as principal and interest
11on the bonds issued, including the bonds proposed to be
12issued, at the maximum interest rate set forth in the
13resolution. The bonds issued may mature over a period not
14exceeding 40 years from the date of issue.
15    (b) If the legislative body of the creating municipality
16approves the issuance of bonds, the municipal stadium
17authority shall submit the resolution to the executive of the
18city, who shall review the resolution. If the executive
19approves the resolution, the authority shall take all action
20necessary to issue the bonds in accordance with the
21resolution.
 
22    Section 1-65. Cooperative agreements. The municipal
23stadium authority, the creating municipality, and the State,
24any department, agency, or commission of the State, or any
25department, agency, or commission of municipal or county

 

 

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1government, and any other unit of local government, may enter
2into agreements, contracts, or leases with each other on the
3terms that are agreed upon, providing for joint and
4cooperative planning, financing, construction, operation, or
5maintenance of a capital improvement or of the buildings,
6facilities, structures, or improvements that are necessary or
7desirable in connection with the use and operation of a
8capital improvement.
 
9    Section 1-70. Loans. In anticipation of funds to be
10received from any source, the municipal stadium authority may
11borrow money and issue notes for a term not exceeding 10 years
12and at a rate or rates of interest determined by the authority.
13The notes may be secured by:
14        (1) the pledge of income and revenues of any capital
15    improvement;
16        (2) the pledge of proceeds from any other source of
17    revenue or taxes; or
18        (3) any other funds anticipated to be received.
19    The notes are payable solely from the taxes, revenues, and
20anticipated funds that are pledged.
 
21    Section 1-75. Establishment of a STAR Bond District.
22    (a) Notwithstanding any other provision of law, including
23subsection (d) of Section 5-30 of the Statewide Innovation
24Development and Economy Act, a municipality that creates a

 

 

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1municipal stadium authority that has successfully entered into
2a lease with a professional sports team for the use of a
3stadium facility to be constructed is also eligible to apply
4for the establishment of a STAR bond district or a NOVA
5district that is adjacent to, surrounds, or is within one mile
6of the stadium complex to be constructed and developed,
7notwithstanding any restrictions set forth in subsection (d)
8of Section 5-30 of the Statewide Innovation Development and
9Economy Act, and that area automatically constitutes an
10eligible area for purposes of approving a STAR bond district,
11a NOVA district, or a STAR bond project in that jurisdiction
12under the Statewide Innovation Development and Economy Act.
13    (b) Notwithstanding any other provision of law, a STAR
14bond project that is located in a STAR bond district described
15in subsection (a) may receive reimbursement from the proceeds
16of bonds secured by State sales tax increment above the total
17development costs limits set in the Statewide Innovation
18Economy Act pursuant to the execution of an agreement with the
19Department.
 
20    Section 1-80. Rules. The Department and the Department of
21Revenue shall have the authority to adopt such rules as are
22reasonable and necessary to implement the provisions of this
23Act.
 
24    Section 1-900. The Illinois Income Tax Act is amended by

 

 

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1changing Section 203 as follows:
 
2    (35 ILCS 5/203)  (from Ch. 120, par. 2-203)
3    Sec. 203. Base income defined.
4    (a) Individuals.
5        (1) In general. In the case of an individual, base
6    income means an amount equal to the taxpayer's adjusted
7    gross income for the taxable year as modified by paragraph
8    (2).
9        (2) Modifications. The adjusted gross income referred
10    to in paragraph (1) shall be modified by adding thereto
11    the sum of the following amounts:
12            (A) An amount equal to all amounts paid or accrued
13        to the taxpayer as interest or dividends during the
14        taxable year to the extent excluded from gross income
15        in the computation of adjusted gross income, except
16        stock dividends of qualified public utilities
17        described in Section 305(e) of the Internal Revenue
18        Code;
19            (B) An amount equal to the amount of tax imposed by
20        this Act to the extent deducted from gross income in
21        the computation of adjusted gross income for the
22        taxable year;
23            (C) An amount equal to the amount received during
24        the taxable year as a recovery or refund of real
25        property taxes paid with respect to the taxpayer's

 

 

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1        principal residence under the Revenue Act of 1939 and
2        for which a deduction was previously taken under
3        subparagraph (L) of this paragraph (2) prior to July
4        1, 1991, the retrospective application date of Article
5        4 of Public Act 87-17. In the case of multi-unit or
6        multi-use structures and farm dwellings, the taxes on
7        the taxpayer's principal residence shall be that
8        portion of the total taxes for the entire property
9        which is attributable to such principal residence;
10            (D) An amount equal to the amount of the capital
11        gain deduction allowable under the Internal Revenue
12        Code, to the extent deducted from gross income in the
13        computation of adjusted gross income;
14            (D-5) An amount, to the extent not included in
15        adjusted gross income, equal to the amount of money
16        withdrawn by the taxpayer in the taxable year from a
17        medical care savings account and the interest earned
18        on the account in the taxable year of a withdrawal
19        pursuant to subsection (b) of Section 20 of the
20        Medical Care Savings Account Act or subsection (b) of
21        Section 20 of the Medical Care Savings Account Act of
22        2000;
23            (D-10) For taxable years ending after December 31,
24        1997, an amount equal to any eligible remediation
25        costs that the individual deducted in computing
26        adjusted gross income and for which the individual

 

 

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1        claims a credit under subsection (l) of Section 201;
2            (D-15) For taxable years 2001 through 2025, an
3        amount equal to the bonus depreciation deduction taken
4        on the taxpayer's federal income tax return for the
5        taxable year under subsection (k) of Section 168 of
6        the Internal Revenue Code; for taxable years 2026 and
7        thereafter, an amount equal to the bonus depreciation
8        deduction taken on the taxpayer's federal income tax
9        return for the taxable year under subsection (k) or
10        (n) of Section 168 of the Internal Revenue Code;
11            (D-16) If the taxpayer sells, transfers, abandons,
12        or otherwise disposes of property for which the
13        taxpayer was required in any taxable year to make an
14        addition modification under subparagraph (D-15), then
15        an amount equal to the aggregate amount of the
16        deductions taken in all taxable years under
17        subparagraph (Z) with respect to that property.
18            If the taxpayer continues to own property through
19        the last day of the last tax year for which a
20        subtraction is allowed with respect to that property
21        under subparagraph (Z) and for which the taxpayer was
22        allowed in any taxable year to make a subtraction
23        modification under subparagraph (Z), then an amount
24        equal to that subtraction modification.
25            The taxpayer is required to make the addition
26        modification under this subparagraph only once with

 

 

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1        respect to any one piece of property;
2            (D-17) An amount equal to the amount otherwise
3        allowed as a deduction in computing base income for
4        interest paid, accrued, or incurred, directly or
5        indirectly, (i) for taxable years ending on or after
6        December 31, 2004, to a foreign person who would be a
7        member of the same unitary business group but for the
8        fact that the foreign person's business activity
9        outside the United States is 80% or more of the foreign
10        person's total business activity and (ii) for taxable
11        years ending on or after December 31, 2008, to a person
12        who would be a member of the same unitary business
13        group but for the fact that the person is prohibited
14        under Section 1501(a)(27) from being included in the
15        unitary business group because he or she is ordinarily
16        required to apportion business income under different
17        subsections of Section 304. The addition modification
18        required by this subparagraph shall be reduced to the
19        extent that dividends were included in base income of
20        the unitary group for the same taxable year and
21        received by the taxpayer or by a member of the
22        taxpayer's unitary business group (including amounts
23        included in gross income under Sections 951 through
24        964 of the Internal Revenue Code and amounts included
25        in gross income under Section 78 of the Internal
26        Revenue Code) with respect to the stock of the same

 

 

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1        person to whom the interest was paid, accrued, or
2        incurred. For taxable years ending on and after
3        December 31, 2025, for purposes of applying this
4        paragraph in the case of a taxpayer to which Section
5        163(j) of the Internal Revenue Code applies for the
6        taxable year, the reduction in the amount of interest
7        for which a deduction is allowed by reason of Section
8        163(j) shall be treated as allocable first to persons
9        who are not foreign persons referred to in this
10        paragraph and then to such foreign persons.
11            For taxable years ending before December 31, 2025,
12        this paragraph shall not apply to the following:
13                (i) an item of interest paid, accrued, or
14            incurred, directly or indirectly, to a person who
15            is subject in a foreign country or state, other
16            than a state which requires mandatory unitary
17            reporting, to a tax on or measured by net income
18            with respect to such interest; or
19                (ii) an item of interest paid, accrued, or
20            incurred, directly or indirectly, to a person if
21            the taxpayer can establish, based on a
22            preponderance of the evidence, both of the
23            following:
24                    (a) the person, during the same taxable
25                year, paid, accrued, or incurred, the interest
26                to a person that is not a related member, and

 

 

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1                    (b) the transaction giving rise to the
2                interest expense between the taxpayer and the
3                person did not have as a principal purpose the
4                avoidance of Illinois income tax, and is paid
5                pursuant to a contract or agreement that
6                reflects an arm's-length interest rate and
7                terms; or
8                (iii) the taxpayer can establish, based on
9            clear and convincing evidence, that the interest
10            paid, accrued, or incurred relates to a contract
11            or agreement entered into at arm's-length rates
12            and terms and the principal purpose for the
13            payment is not federal or Illinois tax avoidance;
14            or
15                (iv) an item of interest paid, accrued, or
16            incurred, directly or indirectly, to a person if
17            the taxpayer establishes by clear and convincing
18            evidence that the adjustments are unreasonable; or
19            if the taxpayer and the Director agree in writing
20            to the application or use of an alternative method
21            of apportionment under Section 304(f).
22            For taxable years ending on or after December 31,
23        2025, this paragraph shall not apply to the following:
24                (i) an item of interest paid, accrued, or
25            incurred, directly or indirectly, to a person if
26            the taxpayer can establish, based on a

 

 

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1            preponderance of the evidence, both of the
2            following:
3                    (a) the person, during the same taxable
4                year, paid, accrued, or incurred, the interest
5                to a person that is not a related member, and
6                    (b) the transaction giving rise to the
7                interest expense between the taxpayer and the
8                person did not have as a principal purpose the
9                avoidance of Illinois income tax and is paid
10                pursuant to a contract or agreement that
11                reflects an arm's-length interest rate and
12                terms; or
13                (ii) an item of interest paid, accrued, or
14            incurred, directly or indirectly, to a person if
15            the taxpayer establishes by clear and convincing
16            evidence that the adjustments are unreasonable; or
17            if the taxpayer and the Director agree in writing
18            to the application or use of an alternative method
19            of apportionment under Section 304(f).
20            Nothing in this subsection shall preclude the
21        Director from making any other adjustment otherwise
22        allowed under Section 404 of this Act for any tax year
23        beginning after the effective date of this amendment
24        provided such adjustment is made pursuant to
25        regulations regulation adopted by the Department and
26        such regulations provide methods and standards by

 

 

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1        which the Department will utilize its authority under
2        Section 404 of this Act;
3            (D-18) An amount equal to the amount of intangible
4        expenses and costs otherwise allowed as a deduction in
5        computing base income, and that were paid, accrued, or
6        incurred, directly or indirectly, (i) for taxable
7        years ending on or after December 31, 2004, to a
8        foreign person who would be a member of the same
9        unitary business group but for the fact that the
10        foreign person's business activity outside the United
11        States is 80% or more of that person's total business
12        activity and (ii) for taxable years ending on or after
13        December 31, 2008, to a person who would be a member of
14        the same unitary business group but for the fact that
15        the person is prohibited under Section 1501(a)(27)
16        from being included in the unitary business group
17        because he or she is ordinarily required to apportion
18        business income under different subsections of Section
19        304. The addition modification required by this
20        subparagraph shall be reduced to the extent that
21        dividends were included in base income of the unitary
22        group for the same taxable year and received by the
23        taxpayer or by a member of the taxpayer's unitary
24        business group (including amounts included in gross
25        income under Sections 951 through 964 of the Internal
26        Revenue Code and amounts included in gross income

 

 

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1        under Section 78 of the Internal Revenue Code) with
2        respect to the stock of the same person to whom the
3        intangible expenses and costs were directly or
4        indirectly paid, incurred, or accrued. The preceding
5        sentence does not apply to the extent that the same
6        dividends caused a reduction to the addition
7        modification required under Section 203(a)(2)(D-17) of
8        this Act. As used in this subparagraph, the term
9        "intangible expenses and costs" includes (1) expenses,
10        losses, and costs for, or related to, the direct or
11        indirect acquisition, use, maintenance or management,
12        ownership, sale, exchange, or any other disposition of
13        intangible property; (2) losses incurred, directly or
14        indirectly, from factoring transactions or discounting
15        transactions; (3) royalty, patent, technical, and
16        copyright fees; (4) licensing fees; and (5) other
17        similar expenses and costs. For purposes of this
18        subparagraph, "intangible property" includes patents,
19        patent applications, trade names, trademarks, service
20        marks, copyrights, mask works, trade secrets, and
21        similar types of intangible assets.
22            For taxable years ending before December 31, 2025,
23        this paragraph shall not apply to the following:
24                (i) any item of intangible expenses or costs
25            paid, accrued, or incurred, directly or
26            indirectly, from a transaction with a person who

 

 

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1            is subject in a foreign country or state, other
2            than a state which requires mandatory unitary
3            reporting, to a tax on or measured by net income
4            with respect to such item; or
5                (ii) any item of intangible expense or cost
6            paid, accrued, or incurred, directly or
7            indirectly, if the taxpayer can establish, based
8            on a preponderance of the evidence, both of the
9            following:
10                    (a) the person during the same taxable
11                year paid, accrued, or incurred, the
12                intangible expense or cost to a person that is
13                not a related member, and
14                    (b) the transaction giving rise to the
15                intangible expense or cost between the
16                taxpayer and the person did not have as a
17                principal purpose the avoidance of Illinois
18                income tax, and is paid pursuant to a contract
19                or agreement that reflects arm's-length terms;
20                or
21                (iii) any item of intangible expense or cost
22            paid, accrued, or incurred, directly or
23            indirectly, from a transaction with a person if
24            the taxpayer establishes by clear and convincing
25            evidence, that the adjustments are unreasonable;
26            or if the taxpayer and the Director agree in

 

 

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1            writing to the application or use of an
2            alternative method of apportionment under Section
3            304(f);
4            For taxable years ending on or after December 31,
5        2025, this paragraph shall not apply to the following:
6                (i) any item of intangible expense or cost
7            paid, accrued, or incurred, directly or
8            indirectly, if the taxpayer can establish, based
9            on a preponderance of the evidence, both of the
10            following:
11                    (a) the person during the same taxable
12                year paid, accrued, or incurred, the
13                intangible expense or cost to a person that is
14                not a related member, and
15                    (b) the transaction giving rise to the
16                intangible expense or cost between the
17                taxpayer and the person did not have as a
18                principal purpose the avoidance of Illinois
19                income tax, and is paid pursuant to a contract
20                or agreement that reflects arm's-length terms;
21                or
22                (ii) any item of intangible expense or cost
23            paid, accrued, or incurred, directly or
24            indirectly, from a transaction with a person if
25            the taxpayer establishes by clear and convincing
26            evidence, that the adjustments are unreasonable;

 

 

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1            or if the taxpayer and the Director agree in
2            writing to the application or use of an
3            alternative method of apportionment under Section
4            304(f).
5            Nothing in this subsection shall preclude the
6        Director from making any other adjustment otherwise
7        allowed under Section 404 of this Act for any tax year
8        beginning after the effective date of this amendment
9        provided such adjustment is made pursuant to
10        regulation adopted by the Department and such
11        regulations provide methods and standards by which the
12        Department will utilize its authority under Section
13        404 of this Act;
14            (D-19) For taxable years ending on or after
15        December 31, 2008, an amount equal to the amount of
16        insurance premium expenses and costs otherwise allowed
17        as a deduction in computing base income, and that were
18        paid, accrued, or incurred, directly or indirectly, to
19        a person who would be a member of the same unitary
20        business group but for the fact that the person is
21        prohibited under Section 1501(a)(27) from being
22        included in the unitary business group because he or
23        she is ordinarily required to apportion business
24        income under different subsections of Section 304. The
25        addition modification required by this subparagraph
26        shall be reduced to the extent that dividends were

 

 

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1        included in base income of the unitary group for the
2        same taxable year and received by the taxpayer or by a
3        member of the taxpayer's unitary business group
4        (including amounts included in gross income under
5        Sections 951 through 964 of the Internal Revenue Code
6        and amounts included in gross income under Section 78
7        of the Internal Revenue Code) with respect to the
8        stock of the same person to whom the premiums and costs
9        were directly or indirectly paid, incurred, or
10        accrued. The preceding sentence does not apply to the
11        extent that the same dividends caused a reduction to
12        the addition modification required under Section
13        203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
14        Act;
15            (D-20) For taxable years beginning on or after
16        January 1, 2002 and ending on or before December 31,
17        2006, in the case of a distribution from a qualified
18        tuition program under Section 529 of the Internal
19        Revenue Code, other than (i) a distribution from a
20        College Savings Pool created under Section 16.5 of the
21        State Treasurer Act or (ii) a distribution from the
22        Illinois Prepaid Tuition Trust Fund, an amount equal
23        to the amount excluded from gross income under Section
24        529(c)(3)(B). For taxable years beginning on or after
25        January 1, 2007, in the case of a distribution from a
26        qualified tuition program under Section 529 of the

 

 

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1        Internal Revenue Code, other than (i) a distribution
2        from a College Savings Pool created under Section 16.5
3        of the State Treasurer Act, (ii) a distribution from
4        the Illinois Prepaid Tuition Trust Fund, or (iii) a
5        distribution from a qualified tuition program under
6        Section 529 of the Internal Revenue Code that (I)
7        adopts and determines that its offering materials
8        comply with the College Savings Plans Network's
9        disclosure principles and (II) has made reasonable
10        efforts to inform in-state residents of the existence
11        of in-state qualified tuition programs by informing
12        Illinois residents directly and, where applicable, to
13        inform financial intermediaries distributing the
14        program to inform in-state residents of the existence
15        of in-state qualified tuition programs at least
16        annually, an amount equal to the amount excluded from
17        gross income under Section 529(c)(3)(B).
18            For the purposes of this subparagraph (D-20), a
19        qualified tuition program has made reasonable efforts
20        if it makes disclosures (which may use the term
21        "in-state program" or "in-state plan" and need not
22        specifically refer to Illinois or its qualified
23        programs by name) (i) directly to prospective
24        participants in its offering materials or makes a
25        public disclosure, such as a website posting; and (ii)
26        where applicable, to intermediaries selling the

 

 

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1        out-of-state program in the same manner that the
2        out-of-state program distributes its offering
3        materials;
4            (D-20.5) For taxable years beginning on or after
5        January 1, 2018, in the case of a distribution from a
6        qualified ABLE program under Section 529A of the
7        Internal Revenue Code, other than a distribution from
8        a qualified ABLE program created under Section 16.6 of
9        the State Treasurer Act, an amount equal to the amount
10        excluded from gross income under Section 529A(c)(1)(B)
11        of the Internal Revenue Code;
12            (D-21) For taxable years beginning on or after
13        January 1, 2007, in the case of the transfer of moneys
14        from a qualified tuition program under Section 529 of
15        the Internal Revenue Code that is administered by the
16        State to an out-of-state program, an amount equal to
17        the amount of moneys previously deducted from base
18        income under subsection (a)(2)(Y) of this Section;
19            (D-21.5) For taxable years beginning on or after
20        January 1, 2018, in the case of the transfer of moneys
21        from a qualified tuition program under Section 529 or
22        a qualified ABLE program under Section 529A of the
23        Internal Revenue Code that is administered by this
24        State to an ABLE account established under an
25        out-of-state ABLE account program, an amount equal to
26        the contribution component of the transferred amount

 

 

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1        that was previously deducted from base income under
2        subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
3        Section;
4            (D-22) For taxable years beginning on or after
5        January 1, 2009, and prior to January 1, 2018, in the
6        case of a nonqualified withdrawal or refund of moneys
7        from a qualified tuition program under Section 529 of
8        the Internal Revenue Code administered by the State
9        that is not used for qualified expenses at an eligible
10        education institution, an amount equal to the
11        contribution component of the nonqualified withdrawal
12        or refund that was previously deducted from base
13        income under subsection (a)(2)(y) of this Section,
14        provided that the withdrawal or refund did not result
15        from the beneficiary's death or disability. For
16        taxable years beginning on or after January 1, 2018:
17        (1) in the case of a nonqualified withdrawal or
18        refund, as defined under Section 16.5 of the State
19        Treasurer Act, of moneys from a qualified tuition
20        program under Section 529 of the Internal Revenue Code
21        administered by the State, an amount equal to the
22        contribution component of the nonqualified withdrawal
23        or refund that was previously deducted from base
24        income under subsection (a)(2)(Y) of this Section, and
25        (2) in the case of a nonqualified withdrawal or refund
26        from a qualified ABLE program under Section 529A of

 

 

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1        the Internal Revenue Code administered by the State
2        that is not used for qualified disability expenses, an
3        amount equal to the contribution component of the
4        nonqualified withdrawal or refund that was previously
5        deducted from base income under subsection (a)(2)(HH)
6        of this Section;
7            (D-23) An amount equal to the credit allowable to
8        the taxpayer under Section 218(a) of this Act,
9        determined without regard to Section 218(c) of this
10        Act;
11            (D-24) For taxable years ending on or after
12        December 31, 2017, an amount equal to the deduction
13        allowed under Section 199 of the Internal Revenue Code
14        for the taxable year;
15            (D-25) In the case of a resident, an amount equal
16        to the amount of tax for which a credit is allowed
17        pursuant to Section 201(p)(7) of this Act;
18    and by deducting from the total so obtained the sum of the
19    following amounts:
20            (E) For taxable years ending before December 31,
21        2001, any amount included in such total in respect of
22        any compensation (including but not limited to any
23        compensation paid or accrued to a serviceman while a
24        prisoner of war or missing in action) paid to a
25        resident by reason of being on active duty in the Armed
26        Forces of the United States and in respect of any

 

 

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1        compensation paid or accrued to a resident who as a
2        governmental employee was a prisoner of war or missing
3        in action, and in respect of any compensation paid to a
4        resident in 1971 or thereafter for annual training
5        performed pursuant to Sections 502 and 503, Title 32,
6        United States Code as a member of the Illinois
7        National Guard or, beginning with taxable years ending
8        on or after December 31, 2007, the National Guard of
9        any other state. For taxable years ending on or after
10        December 31, 2001, any amount included in such total
11        in respect of any compensation (including but not
12        limited to any compensation paid or accrued to a
13        serviceman while a prisoner of war or missing in
14        action) paid to a resident by reason of being a member
15        of any component of the Armed Forces of the United
16        States and in respect of any compensation paid or
17        accrued to a resident who as a governmental employee
18        was a prisoner of war or missing in action, and in
19        respect of any compensation paid to a resident in 2001
20        or thereafter by reason of being a member of the
21        Illinois National Guard or, beginning with taxable
22        years ending on or after December 31, 2007, the
23        National Guard of any other state. The provisions of
24        this subparagraph (E) are exempt from the provisions
25        of Section 250;
26            (F) An amount equal to all amounts included in

 

 

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1        such total pursuant to the provisions of Sections
2        402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
3        408 of the Internal Revenue Code, or included in such
4        total as distributions under the provisions of any
5        retirement or disability plan for employees of any
6        governmental agency or unit, or retirement payments to
7        retired partners, which payments are excluded in
8        computing net earnings from self employment by Section
9        1402 of the Internal Revenue Code and regulations
10        adopted pursuant thereto;
11            (G) The valuation limitation amount;
12            (H) An amount equal to the amount of any tax
13        imposed by this Act which was refunded to the taxpayer
14        and included in such total for the taxable year;
15            (I) An amount equal to all amounts included in
16        such total pursuant to the provisions of Section 111
17        of the Internal Revenue Code as a recovery of items
18        previously deducted from adjusted gross income in the
19        computation of taxable income;
20            (J) An amount equal to those dividends included in
21        such total which were paid by a corporation which
22        conducts business operations in a River Edge
23        Redevelopment Zone or zones created under the River
24        Edge Redevelopment Zone Act, and conducts
25        substantially all of its operations in a River Edge
26        Redevelopment Zone or zones. This subparagraph (J) is

 

 

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1        exempt from the provisions of Section 250;
2            (K) An amount equal to those dividends included in
3        such total that were paid by a corporation that
4        conducts business operations in a federally designated
5        Foreign Trade Zone or Sub-Zone and that is designated
6        a High Impact Business located in Illinois; provided
7        that dividends eligible for the deduction provided in
8        subparagraph (J) of paragraph (2) of this subsection
9        shall not be eligible for the deduction provided under
10        this subparagraph (K);
11            (L) For taxable years ending after December 31,
12        1983, an amount equal to all social security benefits
13        and railroad retirement benefits included in such
14        total pursuant to Sections 72(r) and 86 of the
15        Internal Revenue Code;
16            (M) With the exception of any amounts subtracted
17        under subparagraph (N), an amount equal to the sum of
18        all amounts disallowed as deductions by (i) Sections
19        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
20        and all amounts of expenses allocable to interest and
21        disallowed as deductions by Section 265(a)(1) of the
22        Internal Revenue Code; and (ii) for taxable years
23        ending on or after August 13, 1999, Sections
24        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
25        Internal Revenue Code, plus, for taxable years ending
26        on or after December 31, 2011, Section 45G(e)(3) of

 

 

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1        the Internal Revenue Code and, for taxable years
2        ending on or after December 31, 2008, any amount
3        included in gross income under Section 87 of the
4        Internal Revenue Code; the provisions of this
5        subparagraph are exempt from the provisions of Section
6        250;
7            (N) An amount equal to all amounts included in
8        such total which are exempt from taxation by this
9        State either by reason of its statutes or Constitution
10        or by reason of the Constitution, treaties or statutes
11        of the United States; provided that, in the case of any
12        statute of this State that exempts income derived from
13        bonds or other obligations from the tax imposed under
14        this Act, the amount exempted shall be the interest
15        net of bond premium amortization;
16            (O) An amount equal to any contribution made to a
17        job training project established pursuant to the Tax
18        Increment Allocation Redevelopment Act;
19            (P) An amount equal to the amount of the deduction
20        used to compute the federal income tax credit for
21        restoration of substantial amounts held under claim of
22        right for the taxable year pursuant to Section 1341 of
23        the Internal Revenue Code or of any itemized deduction
24        taken from adjusted gross income in the computation of
25        taxable income for restoration of substantial amounts
26        held under claim of right for the taxable year;

 

 

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1            (Q) An amount equal to any amounts included in
2        such total, received by the taxpayer as an
3        acceleration in the payment of life, endowment or
4        annuity benefits in advance of the time they would
5        otherwise be payable as an indemnity for a terminal
6        illness;
7            (R) An amount equal to the amount of any federal or
8        State bonus paid to veterans of the Persian Gulf War;
9            (S) An amount, to the extent included in adjusted
10        gross income, equal to the amount of a contribution
11        made in the taxable year on behalf of the taxpayer to a
12        medical care savings account established under the
13        Medical Care Savings Account Act or the Medical Care
14        Savings Account Act of 2000 to the extent the
15        contribution is accepted by the account administrator
16        as provided in that Act;
17            (T) An amount, to the extent included in adjusted
18        gross income, equal to the amount of interest earned
19        in the taxable year on a medical care savings account
20        established under the Medical Care Savings Account Act
21        or the Medical Care Savings Account Act of 2000 on
22        behalf of the taxpayer, other than interest added
23        pursuant to item (D-5) of this paragraph (2);
24            (U) For one taxable year beginning on or after
25        January 1, 1994, an amount equal to the total amount of
26        tax imposed and paid under subsections (a) and (b) of

 

 

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1        Section 201 of this Act on grant amounts received by
2        the taxpayer under the Nursing Home Grant Assistance
3        Act during the taxpayer's taxable years 1992 and 1993;
4            (V) Beginning with tax years ending on or after
5        December 31, 1995 and ending with tax years ending on
6        or before December 31, 2004, an amount equal to the
7        amount paid by a taxpayer who is a self-employed
8        taxpayer, a partner of a partnership, or a shareholder
9        in a Subchapter S corporation for health insurance or
10        long-term care insurance for that taxpayer or that
11        taxpayer's spouse or dependents, to the extent that
12        the amount paid for that health insurance or long-term
13        care insurance may be deducted under Section 213 of
14        the Internal Revenue Code, has not been deducted on
15        the federal income tax return of the taxpayer, and
16        does not exceed the taxable income attributable to
17        that taxpayer's income, self-employment income, or
18        Subchapter S corporation income; except that no
19        deduction shall be allowed under this item (V) if the
20        taxpayer is eligible to participate in any health
21        insurance or long-term care insurance plan of an
22        employer of the taxpayer or the taxpayer's spouse. The
23        amount of the health insurance and long-term care
24        insurance subtracted under this item (V) shall be
25        determined by multiplying total health insurance and
26        long-term care insurance premiums paid by the taxpayer

 

 

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1        times a number that represents the fractional
2        percentage of eligible medical expenses under Section
3        213 of the Internal Revenue Code of 1986 not actually
4        deducted on the taxpayer's federal income tax return;
5            (W) For taxable years beginning on or after
6        January 1, 1998, all amounts included in the
7        taxpayer's federal gross income in the taxable year
8        from amounts converted from a regular IRA to a Roth
9        IRA. This paragraph is exempt from the provisions of
10        Section 250;
11            (X) For taxable year 1999 and thereafter, an
12        amount equal to the amount of any (i) distributions,
13        to the extent includible in gross income for federal
14        income tax purposes, made to the taxpayer because of
15        his or her status as a victim of persecution for racial
16        or religious reasons by Nazi Germany or any other Axis
17        regime or as an heir of the victim and (ii) items of
18        income, to the extent includible in gross income for
19        federal income tax purposes, attributable to, derived
20        from or in any way related to assets stolen from,
21        hidden from, or otherwise lost to a victim of
22        persecution for racial or religious reasons by Nazi
23        Germany or any other Axis regime immediately prior to,
24        during, and immediately after World War II, including,
25        but not limited to, interest on the proceeds
26        receivable as insurance under policies issued to a

 

 

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1        victim of persecution for racial or religious reasons
2        by Nazi Germany or any other Axis regime by European
3        insurance companies immediately prior to and during
4        World War II; provided, however, this subtraction from
5        federal adjusted gross income does not apply to assets
6        acquired with such assets or with the proceeds from
7        the sale of such assets; provided, further, this
8        paragraph shall only apply to a taxpayer who was the
9        first recipient of such assets after their recovery
10        and who is a victim of persecution for racial or
11        religious reasons by Nazi Germany or any other Axis
12        regime or as an heir of the victim. The amount of and
13        the eligibility for any public assistance, benefit, or
14        similar entitlement is not affected by the inclusion
15        of items (i) and (ii) of this paragraph in gross income
16        for federal income tax purposes. This paragraph is
17        exempt from the provisions of Section 250;
18            (Y) For taxable years beginning on or after
19        January 1, 2002 and ending on or before December 31,
20        2004, moneys contributed in the taxable year to a
21        College Savings Pool account under Section 16.5 of the
22        State Treasurer Act, except that amounts excluded from
23        gross income under Section 529(c)(3)(C)(i) of the
24        Internal Revenue Code shall not be considered moneys
25        contributed under this subparagraph (Y). For taxable
26        years beginning on or after January 1, 2005, a maximum

 

 

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1        of $10,000 contributed in the taxable year to (i) a
2        College Savings Pool account under Section 16.5 of the
3        State Treasurer Act or (ii) the Illinois Prepaid
4        Tuition Trust Fund, except that amounts excluded from
5        gross income under Section 529(c)(3)(C)(i) of the
6        Internal Revenue Code shall not be considered moneys
7        contributed under this subparagraph (Y). For purposes
8        of this subparagraph, contributions made by an
9        employer on behalf of an employee, or matching
10        contributions made by an employee, shall be treated as
11        made by the employee. This subparagraph (Y) is exempt
12        from the provisions of Section 250;
13            (Z) For taxable years 2001 and thereafter, for the
14        taxable year in which the bonus depreciation deduction
15        is taken on the taxpayer's federal income tax return
16        under subsection (k) or (n) of Section 168 of the
17        Internal Revenue Code and for each applicable taxable
18        year thereafter, an amount equal to "x", where:
19                (1) "y" equals the amount of the depreciation
20            deduction taken for the taxable year on the
21            taxpayer's federal income tax return on property
22            for which the bonus depreciation deduction was
23            taken in any year under subsection (k) or (n) of
24            Section 168 of the Internal Revenue Code, but not
25            including the bonus depreciation deduction;
26                (2) for taxable years ending on or before

 

 

10400HB0958sam002- 51 -LRB104 04860 HLH 38731 a

1            December 31, 2005, "x" equals "y" multiplied by 30
2            and then divided by 70 (or "y" multiplied by
3            0.429); and
4                (3) for taxable years ending after December
5            31, 2005:
6                    (i) for property on which a bonus
7                depreciation deduction of 30% of the adjusted
8                basis was taken, "x" equals "y" multiplied by
9                30 and then divided by 70 (or "y" multiplied
10                by 0.429);
11                    (ii) for property on which a bonus
12                depreciation deduction of 50% of the adjusted
13                basis was taken, "x" equals "y" multiplied by
14                1.0;
15                    (iii) for property on which a bonus
16                depreciation deduction of 100% of the adjusted
17                basis was taken in a taxable year ending on or
18                after December 31, 2021, "x" equals the
19                depreciation deduction that would be allowed
20                on that property if the taxpayer had made the
21                election under Section 168(k)(7) or Section
22                168(n)(6) of the Internal Revenue Code to not
23                claim bonus depreciation on that property; and
24                    (iv) for property on which a bonus
25                depreciation deduction of a percentage other
26                than 30%, 50% or 100% of the adjusted basis

 

 

10400HB0958sam002- 52 -LRB104 04860 HLH 38731 a

1                was taken in a taxable year ending on or after
2                December 31, 2021, "x" equals "y" multiplied
3                by 100 times the percentage bonus depreciation
4                on the property (that is, 100(bonus%)) and
5                then divided by 100 times 1 minus the
6                percentage bonus depreciation on the property
7                (that is, 100(1-bonus%)).
8            The aggregate amount deducted under this
9        subparagraph in all taxable years for any one piece of
10        property may not exceed the amount of the bonus
11        depreciation deduction taken on that property on the
12        taxpayer's federal income tax return under subsection
13        (k) or (n) of Section 168 of the Internal Revenue Code.
14        This subparagraph (Z) is exempt from the provisions of
15        Section 250;
16            (AA) If the taxpayer sells, transfers, abandons,
17        or otherwise disposes of property for which the
18        taxpayer was required in any taxable year to make an
19        addition modification under subparagraph (D-15), then
20        an amount equal to that addition modification.
21            If the taxpayer continues to own property through
22        the last day of the last tax year for which a
23        subtraction is allowed with respect to that property
24        under subparagraph (Z) and for which the taxpayer was
25        required in any taxable year to make an addition
26        modification under subparagraph (D-15), then an amount

 

 

10400HB0958sam002- 53 -LRB104 04860 HLH 38731 a

1        equal to that addition modification.
2            The taxpayer is allowed to take the deduction
3        under this subparagraph only once with respect to any
4        one piece of property.
5            This subparagraph (AA) is exempt from the
6        provisions of Section 250;
7            (BB) Any amount included in adjusted gross income,
8        other than salary, received by a driver in a
9        ridesharing arrangement using a motor vehicle;
10            (CC) The amount of (i) any interest income (net of
11        the deductions allocable thereto) taken into account
12        for the taxable year with respect to a transaction
13        with a taxpayer that is required to make an addition
14        modification with respect to such transaction under
15        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
16        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
17        the amount of that addition modification, and (ii) any
18        income from intangible property (net of the deductions
19        allocable thereto) taken into account for the taxable
20        year with respect to a transaction with a taxpayer
21        that is required to make an addition modification with
22        respect to such transaction under Section
23        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
24        203(d)(2)(D-8), but not to exceed the amount of that
25        addition modification. This subparagraph (CC) is
26        exempt from the provisions of Section 250;

 

 

10400HB0958sam002- 54 -LRB104 04860 HLH 38731 a

1            (DD) An amount equal to the interest income taken
2        into account for the taxable year (net of the
3        deductions allocable thereto) with respect to
4        transactions with (i) a foreign person who would be a
5        member of the taxpayer's unitary business group but
6        for the fact that the foreign person's business
7        activity outside the United States is 80% or more of
8        that person's total business activity and (ii) for
9        taxable years ending on or after December 31, 2008, to
10        a person who would be a member of the same unitary
11        business group but for the fact that the person is
12        prohibited under Section 1501(a)(27) from being
13        included in the unitary business group because he or
14        she is ordinarily required to apportion business
15        income under different subsections of Section 304, but
16        not to exceed the addition modification required to be
17        made for the same taxable year under Section
18        203(a)(2)(D-17) for interest paid, accrued, or
19        incurred, directly or indirectly, to the same person.
20        This subparagraph (DD) is exempt from the provisions
21        of Section 250;
22            (EE) An amount equal to the income from intangible
23        property taken into account for the taxable year (net
24        of the deductions allocable thereto) with respect to
25        transactions with (i) a foreign person who would be a
26        member of the taxpayer's unitary business group but

 

 

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1        for the fact that the foreign person's business
2        activity outside the United States is 80% or more of
3        that person's total business activity and (ii) for
4        taxable years ending on or after December 31, 2008, to
5        a person who would be a member of the same unitary
6        business group but for the fact that the person is
7        prohibited under Section 1501(a)(27) from being
8        included in the unitary business group because he or
9        she is ordinarily required to apportion business
10        income under different subsections of Section 304, but
11        not to exceed the addition modification required to be
12        made for the same taxable year under Section
13        203(a)(2)(D-18) for intangible expenses and costs
14        paid, accrued, or incurred, directly or indirectly, to
15        the same foreign person. This subparagraph (EE) is
16        exempt from the provisions of Section 250;
17            (FF) An amount equal to any amount awarded to the
18        taxpayer during the taxable year by the Court of
19        Claims under subsection (c) of Section 8 of the Court
20        of Claims Act for time unjustly served in a State
21        prison. This subparagraph (FF) is exempt from the
22        provisions of Section 250;
23            (GG) For taxable years ending on or after December
24        31, 2011, in the case of a taxpayer who was required to
25        add back any insurance premiums under Section
26        203(a)(2)(D-19), such taxpayer may elect to subtract

 

 

10400HB0958sam002- 56 -LRB104 04860 HLH 38731 a

1        that part of a reimbursement received from the
2        insurance company equal to the amount of the expense
3        or loss (including expenses incurred by the insurance
4        company) that would have been taken into account as a
5        deduction for federal income tax purposes if the
6        expense or loss had been uninsured. If a taxpayer
7        makes the election provided for by this subparagraph
8        (GG), the insurer to which the premiums were paid must
9        add back to income the amount subtracted by the
10        taxpayer pursuant to this subparagraph (GG). This
11        subparagraph (GG) is exempt from the provisions of
12        Section 250;
13            (HH) For taxable years beginning on or after
14        January 1, 2018 and prior to January 1, 2028, a maximum
15        of $10,000 contributed in the taxable year to a
16        qualified ABLE account under Section 16.6 of the State
17        Treasurer Act, except that amounts excluded from gross
18        income under Section 529(c)(3)(C)(i) or Section
19        529A(c)(1)(C) of the Internal Revenue Code shall not
20        be considered moneys contributed under this
21        subparagraph (HH). For purposes of this subparagraph
22        (HH), contributions made by an employer on behalf of
23        an employee, or matching contributions made by an
24        employee, shall be treated as made by the employee;
25            (II) For taxable years that begin on or after
26        January 1, 2021 and begin before January 1, 2026, the

 

 

10400HB0958sam002- 57 -LRB104 04860 HLH 38731 a

1        amount that is included in the taxpayer's federal
2        adjusted gross income pursuant to Section 61 of the
3        Internal Revenue Code as discharge of indebtedness
4        attributable to student loan forgiveness and that is
5        not excluded from the taxpayer's federal adjusted
6        gross income pursuant to paragraph (5) of subsection
7        (f) of Section 108 of the Internal Revenue Code;
8            (JJ) For taxable years beginning on or after
9        January 1, 2023, for any cannabis establishment
10        operating in this State and licensed under the
11        Cannabis Regulation and Tax Act or any cannabis
12        cultivation center or medical cannabis dispensing
13        organization operating in this State and licensed
14        under the Compassionate Use of Medical Cannabis
15        Program Act, an amount equal to the deductions that
16        were disallowed under Section 280E of the Internal
17        Revenue Code for the taxable year and that would not be
18        added back under this subsection. The provisions of
19        this subparagraph (JJ) are exempt from the provisions
20        of Section 250;
21            (KK) To the extent includible in gross income for
22        federal income tax purposes, any amount awarded or
23        paid to the taxpayer as a result of a judgment or
24        settlement for fertility fraud as provided in Section
25        15 of the Illinois Fertility Fraud Act, donor
26        fertility fraud as provided in Section 20 of the

 

 

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1        Illinois Fertility Fraud Act, or similar action in
2        another state;
3            (LL) For taxable years beginning on or after
4        January 1, 2026, if the taxpayer is a qualified
5        worker, as defined in the Workforce Development
6        through Charitable Loan Repayment Act, an amount equal
7        to the amount included in the taxpayer's federal
8        adjusted gross income that is attributable to student
9        loan repayment assistance received by the taxpayer
10        during the taxable year from a qualified community
11        foundation under the provisions of the Workforce
12        Development through Charitable Loan Repayment Act.
13            This subparagraph (LL) is exempt from the
14        provisions of Section 250; and
15            (MM) For taxable years beginning on or after
16        January 1, 2025, if the taxpayer is an eligible
17        resident as defined in the Medical Debt Relief Act, an
18        amount equal to the amount included in the taxpayer's
19        federal adjusted gross income that is attributable to
20        medical debt relief received by the taxpayer during
21        the taxable year from a nonprofit medical debt relief
22        coordinator under the provisions of the Medical Debt
23        Relief Act. This subparagraph (MM) is exempt from the
24        provisions of Section 250; and .
25            (NN) An amount equal to: the interest on bonds
26        issued under the Municipal Stadium Authority Act; the

 

 

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1        proceeds received by a holder from the sale of those
2        bonds to the extent of the holder's cost of
3        acquisition; proceeds received upon redemption of
4        those bonds before maturity; proceeds received at
5        maturity of those bonds; and the receipt of interest
6        in proceeds from those bonds. This subparagraph (NN)
7        is exempt from the provisions of Section 250.
 
8    (b) Corporations.
9        (1) In general. In the case of a corporation, base
10    income means an amount equal to the taxpayer's taxable
11    income for the taxable year as modified by paragraph (2).
12        (2) Modifications. The taxable income referred to in
13    paragraph (1) shall be modified by adding thereto the sum
14    of the following amounts:
15            (A) An amount equal to all amounts paid or accrued
16        to the taxpayer as interest and all distributions
17        received from regulated investment companies during
18        the taxable year to the extent excluded from gross
19        income in the computation of taxable income;
20            (B) An amount equal to the amount of tax imposed by
21        this Act to the extent deducted from gross income in
22        the computation of taxable income for the taxable
23        year;
24            (C) In the case of a regulated investment company,
25        an amount equal to the excess of (i) the net long-term

 

 

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1        capital gain for the taxable year, over (ii) the
2        amount of the capital gain dividends designated as
3        such in accordance with Section 852(b)(3)(C) of the
4        Internal Revenue Code and any amount designated under
5        Section 852(b)(3)(D) of the Internal Revenue Code,
6        attributable to the taxable year (this amendatory Act
7        of 1995 (Public Act 89-89) is declarative of existing
8        law and is not a new enactment);
9            (D) The amount of any net operating loss deduction
10        taken in arriving at taxable income, other than a net
11        operating loss carried forward from a taxable year
12        ending prior to December 31, 1986;
13            (E) For taxable years in which a net operating
14        loss carryback or carryforward from a taxable year
15        ending prior to December 31, 1986 is an element of
16        taxable income under paragraph (1) of subsection (e)
17        or subparagraph (E) of paragraph (2) of subsection
18        (e), the amount by which addition modifications other
19        than those provided by this subparagraph (E) exceeded
20        subtraction modifications in such earlier taxable
21        year, with the following limitations applied in the
22        order that they are listed:
23                (i) the addition modification relating to the
24            net operating loss carried back or forward to the
25            taxable year from any taxable year ending prior to
26            December 31, 1986 shall be reduced by the amount

 

 

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1            of addition modification under this subparagraph
2            (E) which related to that net operating loss and
3            which was taken into account in calculating the
4            base income of an earlier taxable year, and
5                (ii) the addition modification relating to the
6            net operating loss carried back or forward to the
7            taxable year from any taxable year ending prior to
8            December 31, 1986 shall not exceed the amount of
9            such carryback or carryforward;
10            For taxable years in which there is a net
11        operating loss carryback or carryforward from more
12        than one other taxable year ending prior to December
13        31, 1986, the addition modification provided in this
14        subparagraph (E) shall be the sum of the amounts
15        computed independently under the preceding provisions
16        of this subparagraph (E) for each such taxable year;
17            (E-5) For taxable years ending after December 31,
18        1997, an amount equal to any eligible remediation
19        costs that the corporation deducted in computing
20        adjusted gross income and for which the corporation
21        claims a credit under subsection (l) of Section 201;
22            (E-10) For taxable years 2001 through 2025, an
23        amount equal to the bonus depreciation deduction taken
24        on the taxpayer's federal income tax return for the
25        taxable year under subsection (k) of Section 168 of
26        the Internal Revenue Code; for taxable years 2026 and

 

 

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1        thereafter, an amount equal to the bonus depreciation
2        deduction taken on the taxpayer's federal income tax
3        return for the taxable year under subsection (k) or
4        (n) of Section 168 of the Internal Revenue Code;
5            (E-11) If the taxpayer sells, transfers, abandons,
6        or otherwise disposes of property for which the
7        taxpayer was required in any taxable year to make an
8        addition modification under subparagraph (E-10), then
9        an amount equal to the aggregate amount of the
10        deductions taken in all taxable years under
11        subparagraph (T) with respect to that property.
12            If the taxpayer continues to own property through
13        the last day of the last tax year for which a
14        subtraction is allowed with respect to that property
15        under subparagraph (T) and for which the taxpayer was
16        allowed in any taxable year to make a subtraction
17        modification under subparagraph (T), then an amount
18        equal to that subtraction modification.
19            The taxpayer is required to make the addition
20        modification under this subparagraph only once with
21        respect to any one piece of property;
22            (E-12) An amount equal to the amount otherwise
23        allowed as a deduction in computing base income for
24        interest paid, accrued, or incurred, directly or
25        indirectly, (i) for taxable years ending on or after
26        December 31, 2004, to a foreign person who would be a

 

 

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1        member of the same unitary business group but for the
2        fact the foreign person's business activity outside
3        the United States is 80% or more of the foreign
4        person's total business activity and (ii) for taxable
5        years ending on or after December 31, 2008, to a person
6        who would be a member of the same unitary business
7        group but for the fact that the person is prohibited
8        under Section 1501(a)(27) from being included in the
9        unitary business group because he or she is ordinarily
10        required to apportion business income under different
11        subsections of Section 304. The addition modification
12        required by this subparagraph shall be reduced to the
13        extent that dividends were included in base income of
14        the unitary group for the same taxable year and
15        received by the taxpayer or by a member of the
16        taxpayer's unitary business group (including amounts
17        included in gross income pursuant to Sections 951
18        through 964 of the Internal Revenue Code and amounts
19        included in gross income under Section 78 of the
20        Internal Revenue Code) with respect to the stock of
21        the same person to whom the interest was paid,
22        accrued, or incurred. For taxable years ending on and
23        after December 31, 2025, for purposes of applying this
24        paragraph in the case of a taxpayer to which Section
25        163(j) of the Internal Revenue Code applies for the
26        taxable year, the reduction in the amount of interest

 

 

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1        for which a deduction is allowed by reason of Section
2        163(j) shall be treated as allocable first to persons
3        who are not foreign persons referred to in this
4        paragraph and then to such foreign persons.
5            For taxable years ending before December 31, 2025,
6        this paragraph shall not apply to the following:
7                (i) an item of interest paid, accrued, or
8            incurred, directly or indirectly, to a person who
9            is subject in a foreign country or state, other
10            than a state which requires mandatory unitary
11            reporting, to a tax on or measured by net income
12            with respect to such interest; or
13                (ii) an item of interest paid, accrued, or
14            incurred, directly or indirectly, to a person if
15            the taxpayer can establish, based on a
16            preponderance of the evidence, both of the
17            following:
18                    (a) the person, during the same taxable
19                year, paid, accrued, or incurred, the interest
20                to a person that is not a related member, and
21                    (b) the transaction giving rise to the
22                interest expense between the taxpayer and the
23                person did not have as a principal purpose the
24                avoidance of Illinois income tax, and is paid
25                pursuant to a contract or agreement that
26                reflects an arm's-length interest rate and

 

 

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1                terms; or
2                (iii) the taxpayer can establish, based on
3            clear and convincing evidence, that the interest
4            paid, accrued, or incurred relates to a contract
5            or agreement entered into at arm's-length rates
6            and terms and the principal purpose for the
7            payment is not federal or Illinois tax avoidance;
8            or
9                (iv) an item of interest paid, accrued, or
10            incurred, directly or indirectly, to a person if
11            the taxpayer establishes by clear and convincing
12            evidence that the adjustments are unreasonable; or
13            if the taxpayer and the Director agree in writing
14            to the application or use of an alternative method
15            of apportionment under Section 304(f).
16            For taxable years ending on or after December 31,
17        2025, this paragraph shall not apply to the following:
18                (i) an item of interest paid, accrued, or
19            incurred, directly or indirectly, to a person if
20            the taxpayer can establish, based on a
21            preponderance of the evidence, both of the
22            following:
23                    (a) the person, during the same taxable
24                year, paid, accrued, or incurred, the interest
25                to a person that is not a related member, and
26                    (b) the transaction giving rise to the

 

 

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1                interest expense between the taxpayer and the
2                person did not have as a principal purpose the
3                avoidance of Illinois income tax, and is paid
4                pursuant to a contract or agreement that
5                reflects an arm's-length interest rate and
6                terms; or
7                (ii) an item of interest paid, accrued, or
8            incurred, directly or indirectly, to a person if
9            the taxpayer establishes by clear and convincing
10            evidence that the adjustments are unreasonable; or
11            if the taxpayer and the Director agree in writing
12            to the application or use of an alternative method
13            of apportionment under Section 304(f).
14            Nothing in this subsection shall preclude the
15        Director from making any other adjustment otherwise
16        allowed under Section 404 of this Act for any tax year
17        beginning after the effective date of this amendment
18        provided such adjustment is made pursuant to
19        regulation adopted by the Department and such
20        regulations provide methods and standards by which the
21        Department will utilize its authority under Section
22        404 of this Act;
23            (E-13) An amount equal to the amount of intangible
24        expenses and costs otherwise allowed as a deduction in
25        computing base income, and that were paid, accrued, or
26        incurred, directly or indirectly, (i) for taxable

 

 

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1        years ending on or after December 31, 2004, to a
2        foreign person who would be a member of the same
3        unitary business group but for the fact that the
4        foreign person's business activity outside the United
5        States is 80% or more of that person's total business
6        activity and (ii) for taxable years ending on or after
7        December 31, 2008, to a person who would be a member of
8        the same unitary business group but for the fact that
9        the person is prohibited under Section 1501(a)(27)
10        from being included in the unitary business group
11        because he or she is ordinarily required to apportion
12        business income under different subsections of Section
13        304. The addition modification required by this
14        subparagraph shall be reduced to the extent that
15        dividends were included in base income of the unitary
16        group for the same taxable year and received by the
17        taxpayer or by a member of the taxpayer's unitary
18        business group (including amounts included in gross
19        income pursuant to Sections 951 through 964 of the
20        Internal Revenue Code and amounts included in gross
21        income under Section 78 of the Internal Revenue Code)
22        with respect to the stock of the same person to whom
23        the intangible expenses and costs were directly or
24        indirectly paid, incurred, or accrued. The preceding
25        sentence shall not apply to the extent that the same
26        dividends caused a reduction to the addition

 

 

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1        modification required under Section 203(b)(2)(E-12) of
2        this Act. As used in this subparagraph, the term
3        "intangible expenses and costs" includes (1) expenses,
4        losses, and costs for, or related to, the direct or
5        indirect acquisition, use, maintenance or management,
6        ownership, sale, exchange, or any other disposition of
7        intangible property; (2) losses incurred, directly or
8        indirectly, from factoring transactions or discounting
9        transactions; (3) royalty, patent, technical, and
10        copyright fees; (4) licensing fees; and (5) other
11        similar expenses and costs. For purposes of this
12        subparagraph, "intangible property" includes patents,
13        patent applications, trade names, trademarks, service
14        marks, copyrights, mask works, trade secrets, and
15        similar types of intangible assets.
16            For taxable years ending before December 31, 2025,
17        this paragraph shall not apply to the following:
18                (i) any item of intangible expenses or costs
19            paid, accrued, or incurred, directly or
20            indirectly, from a transaction with a person who
21            is subject in a foreign country or state, other
22            than a state which requires mandatory unitary
23            reporting, to a tax on or measured by net income
24            with respect to such item; or
25                (ii) any item of intangible expense or cost
26            paid, accrued, or incurred, directly or

 

 

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1            indirectly, if the taxpayer can establish, based
2            on a preponderance of the evidence, both of the
3            following:
4                    (a) the person during the same taxable
5                year paid, accrued, or incurred, the
6                intangible expense or cost to a person that is
7                not a related member, and
8                    (b) the transaction giving rise to the
9                intangible expense or cost between the
10                taxpayer and the person did not have as a
11                principal purpose the avoidance of Illinois
12                income tax, and is paid pursuant to a contract
13                or agreement that reflects arm's-length terms;
14                or
15                (iii) any item of intangible expense or cost
16            paid, accrued, or incurred, directly or
17            indirectly, from a transaction with a person if
18            the taxpayer establishes by clear and convincing
19            evidence, that the adjustments are unreasonable;
20            or if the taxpayer and the Director agree in
21            writing to the application or use of an
22            alternative method of apportionment under Section
23            304(f);
24            For taxable years ending on or after December 31,
25        2025, this paragraph shall not apply to the following:
26                (i) any item of intangible expense or cost

 

 

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1            paid, accrued, or incurred, directly or
2            indirectly, if the taxpayer can establish, based
3            on a preponderance of the evidence, both of the
4            following:
5                    (a) the person during the same taxable
6                year paid, accrued, or incurred, the
7                intangible expense or cost to a person that is
8                not a related member, and
9                    (b) the transaction giving rise to the
10                intangible expense or cost between the
11                taxpayer and the person did not have as a
12                principal purpose the avoidance of Illinois
13                income tax, and is paid pursuant to a contract
14                or agreement that reflects arm's-length terms;
15                or
16                (ii) any item of intangible expense or cost
17            paid, accrued, or incurred, directly or
18            indirectly, from a transaction with a person if
19            the taxpayer establishes by clear and convincing
20            evidence, that the adjustments are unreasonable;
21            or if the taxpayer and the Director agree in
22            writing to the application or use of an
23            alternative method of apportionment under Section
24            304(f).
25            Nothing in this subsection shall preclude the
26        Director from making any other adjustment otherwise

 

 

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1        allowed under Section 404 of this Act for any tax year
2        beginning after the effective date of this amendment
3        provided such adjustment is made pursuant to
4        regulation adopted by the Department and such
5        regulations provide methods and standards by which the
6        Department will utilize its authority under Section
7        404 of this Act;
8            (E-14) For taxable years ending on or after
9        December 31, 2008, an amount equal to the amount of
10        insurance premium expenses and costs otherwise allowed
11        as a deduction in computing base income, and that were
12        paid, accrued, or incurred, directly or indirectly, to
13        a person who would be a member of the same unitary
14        business group but for the fact that the person is
15        prohibited under Section 1501(a)(27) from being
16        included in the unitary business group because he or
17        she is ordinarily required to apportion business
18        income under different subsections of Section 304. The
19        addition modification required by this subparagraph
20        shall be reduced to the extent that dividends were
21        included in base income of the unitary group for the
22        same taxable year and received by the taxpayer or by a
23        member of the taxpayer's unitary business group
24        (including amounts included in gross income under
25        Sections 951 through 964 of the Internal Revenue Code
26        and amounts included in gross income under Section 78

 

 

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1        of the Internal Revenue Code) with respect to the
2        stock of the same person to whom the premiums and costs
3        were directly or indirectly paid, incurred, or
4        accrued. The preceding sentence does not apply to the
5        extent that the same dividends caused a reduction to
6        the addition modification required under Section
7        203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
8        Act;
9            (E-15) For taxable years beginning after December
10        31, 2008, any deduction for dividends paid by a
11        captive real estate investment trust that is allowed
12        to a real estate investment trust under Section
13        857(b)(2)(B) of the Internal Revenue Code for
14        dividends paid;
15            (E-16) An amount equal to the credit allowable to
16        the taxpayer under Section 218(a) of this Act,
17        determined without regard to Section 218(c) of this
18        Act;
19            (E-17) For taxable years ending on or after
20        December 31, 2017, an amount equal to the deduction
21        allowed under Section 199 of the Internal Revenue Code
22        for the taxable year;
23            (E-18) for taxable years beginning after December
24        31, 2018, an amount equal to the deduction allowed
25        under Section 250(a)(1)(A) of the Internal Revenue
26        Code for the taxable year;

 

 

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1            (E-19) for taxable years ending on or after June
2        30, 2021, an amount equal to the deduction allowed
3        under Section 250(a)(1)(B)(i) of the Internal Revenue
4        Code for the taxable year;
5            (E-20) for taxable years ending on or after June
6        30, 2021, an amount equal to the deduction allowed
7        under Sections 243(e) and 245A(a) of the Internal
8        Revenue Code for the taxable year;
9            (E-21) the amount that is claimed as a federal
10        deduction when computing the taxpayer's federal
11        taxable income for the taxable year and that is
12        attributable to an endowment gift for which the
13        taxpayer receives a credit under the Illinois Gives
14        Tax Credit Act;
15    and by deducting from the total so obtained the sum of the
16    following amounts:
17            (F) An amount equal to the amount of any tax
18        imposed by this Act which was refunded to the taxpayer
19        and included in such total for the taxable year;
20            (G) An amount equal to any amount included in such
21        total under Section 78 of the Internal Revenue Code;
22            (H) In the case of a regulated investment company,
23        an amount equal to the amount of exempt interest
24        dividends as defined in subsection (b)(5) of Section
25        852 of the Internal Revenue Code, paid to shareholders
26        for the taxable year;

 

 

10400HB0958sam002- 74 -LRB104 04860 HLH 38731 a

1            (I) With the exception of any amounts subtracted
2        under subparagraph (J), an amount equal to the sum of
3        all amounts disallowed as deductions by (i) Sections
4        171(a)(2) and 265(a)(2) and amounts disallowed as
5        interest expense by Section 291(a)(3) of the Internal
6        Revenue Code, and all amounts of expenses allocable to
7        interest and disallowed as deductions by Section
8        265(a)(1) of the Internal Revenue Code; and (ii) for
9        taxable years ending on or after August 13, 1999,
10        Sections 171(a)(2), 265, 280C, 291(a)(3), and
11        832(b)(5)(B)(i) of the Internal Revenue Code, plus,
12        for tax years ending on or after December 31, 2011,
13        amounts disallowed as deductions by Section 45G(e)(3)
14        of the Internal Revenue Code and, for taxable years
15        ending on or after December 31, 2008, any amount
16        included in gross income under Section 87 of the
17        Internal Revenue Code and the policyholders' share of
18        tax-exempt interest of a life insurance company under
19        Section 807(a)(2)(B) of the Internal Revenue Code (in
20        the case of a life insurance company with gross income
21        from a decrease in reserves for the tax year) or
22        Section 807(b)(1)(B) of the Internal Revenue Code (in
23        the case of a life insurance company allowed a
24        deduction for an increase in reserves for the tax
25        year); the provisions of this subparagraph are exempt
26        from the provisions of Section 250;

 

 

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1            (J) An amount equal to all amounts included in
2        such total which are exempt from taxation by this
3        State either by reason of its statutes or Constitution
4        or by reason of the Constitution, treaties or statutes
5        of the United States; provided that, in the case of any
6        statute of this State that exempts income derived from
7        bonds or other obligations from the tax imposed under
8        this Act, the amount exempted shall be the interest
9        net of bond premium amortization;
10            (K) An amount equal to those dividends included in
11        such total which were paid by a corporation which
12        conducts business operations in a River Edge
13        Redevelopment Zone or zones created under the River
14        Edge Redevelopment Zone Act and conducts substantially
15        all of its operations in a River Edge Redevelopment
16        Zone or zones. This subparagraph (K) is exempt from
17        the provisions of Section 250;
18            (L) An amount equal to those dividends included in
19        such total that were paid by a corporation that
20        conducts business operations in a federally designated
21        Foreign Trade Zone or Sub-Zone and that is designated
22        a High Impact Business located in Illinois; provided
23        that dividends eligible for the deduction provided in
24        subparagraph (K) of paragraph (2) 2 of this subsection
25        shall not be eligible for the deduction provided under
26        this subparagraph (L);

 

 

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1            (M) For any taxpayer that is a financial
2        organization within the meaning of Section 304(c) of
3        this Act, an amount included in such total as interest
4        income from a loan or loans made by such taxpayer to a
5        borrower, to the extent that such a loan is secured by
6        property which is eligible for the River Edge
7        Redevelopment Zone Investment Credit. To determine the
8        portion of a loan or loans that is secured by property
9        eligible for a Section 201(f) investment credit to the
10        borrower, the entire principal amount of the loan or
11        loans between the taxpayer and the borrower should be
12        divided into the basis of the Section 201(f)
13        investment credit property which secures the loan or
14        loans, using for this purpose the original basis of
15        such property on the date that it was placed in service
16        in the River Edge Redevelopment Zone. The subtraction
17        modification available to the taxpayer in any year
18        under this subsection shall be that portion of the
19        total interest paid by the borrower with respect to
20        such loan attributable to the eligible property as
21        calculated under the previous sentence. This
22        subparagraph (M) is exempt from the provisions of
23        Section 250;
24            (M-1) For any taxpayer that is a financial
25        organization within the meaning of Section 304(c) of
26        this Act, an amount included in such total as interest

 

 

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1        income from a loan or loans made by such taxpayer to a
2        borrower, to the extent that such a loan is secured by
3        property which is eligible for the High Impact
4        Business Investment Credit. To determine the portion
5        of a loan or loans that is secured by property eligible
6        for a Section 201(h) investment credit to the
7        borrower, the entire principal amount of the loan or
8        loans between the taxpayer and the borrower should be
9        divided into the basis of the Section 201(h)
10        investment credit property which secures the loan or
11        loans, using for this purpose the original basis of
12        such property on the date that it was placed in service
13        in a federally designated Foreign Trade Zone or
14        Sub-Zone located in Illinois. No taxpayer that is
15        eligible for the deduction provided in subparagraph
16        (M) of paragraph (2) of this subsection shall be
17        eligible for the deduction provided under this
18        subparagraph (M-1). The subtraction modification
19        available to taxpayers in any year under this
20        subsection shall be that portion of the total interest
21        paid by the borrower with respect to such loan
22        attributable to the eligible property as calculated
23        under the previous sentence;
24            (N) Two times any contribution made during the
25        taxable year to a designated zone organization to the
26        extent that the contribution (i) qualifies as a

 

 

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1        charitable contribution under subsection (c) of
2        Section 170 of the Internal Revenue Code and (ii)
3        must, by its terms, be used for a project approved by
4        the Department of Commerce and Economic Opportunity
5        under Section 11 of the Illinois Enterprise Zone Act
6        or under Section 10-10 of the River Edge Redevelopment
7        Zone Act. This subparagraph (N) is exempt from the
8        provisions of Section 250;
9            (O) An amount equal to: (i) 85% for taxable years
10        ending on or before December 31, 1992, or, a
11        percentage equal to the percentage allowable under
12        Section 243(a)(1) of the Internal Revenue Code of 1986
13        for taxable years ending after December 31, 1992, of
14        the amount by which dividends included in taxable
15        income and received from a corporation that is not
16        created or organized under the laws of the United
17        States or any state or political subdivision thereof,
18        including, for taxable years ending on or after
19        December 31, 1988, dividends received or deemed
20        received or paid or deemed paid under Sections 951
21        through 965 of the Internal Revenue Code, exceed the
22        amount of the modification provided under subparagraph
23        (G) of paragraph (2) of this subsection (b) which is
24        related to such dividends, and including, for taxable
25        years ending on or after December 31, 2008, dividends
26        received from a captive real estate investment trust;

 

 

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1        plus (ii) 100% of the amount by which dividends,
2        included in taxable income and received, including,
3        for taxable years ending on or after December 31,
4        1988, dividends received or deemed received or paid or
5        deemed paid under Sections 951 through 964 of the
6        Internal Revenue Code and including, for taxable years
7        ending on or after December 31, 2008, dividends
8        received from a captive real estate investment trust,
9        from any such corporation specified in clause (i) that
10        would but for the provisions of Section 1504(b)(3) of
11        the Internal Revenue Code be treated as a member of the
12        affiliated group which includes the dividend
13        recipient, exceed the amount of the modification
14        provided under subparagraph (G) of paragraph (2) of
15        this subsection (b) which is related to such
16        dividends. For taxable years ending on or after June
17        30, 2021, (i) for purposes of this subparagraph, the
18        term "dividend" does not include any amount treated as
19        a dividend under Section 1248 of the Internal Revenue
20        Code, and (ii) this subparagraph shall not apply to
21        dividends for which a deduction is allowed under
22        Section 245(a) of the Internal Revenue Code. For
23        taxable years ending on or after December 31, 2025,
24        50% of the amount of global intangible low-taxed
25        income or net controlled foreign corporation (CFC)
26        tested income received or deemed received or paid or

 

 

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1        deemed paid under Sections 951 through 965 of the
2        Internal Revenue Code. This subparagraph (O) is exempt
3        from the provisions of Section 250 of this Act;
4            (P) An amount equal to any contribution made to a
5        job training project established pursuant to the Tax
6        Increment Allocation Redevelopment Act;
7            (Q) An amount equal to the amount of the deduction
8        used to compute the federal income tax credit for
9        restoration of substantial amounts held under claim of
10        right for the taxable year pursuant to Section 1341 of
11        the Internal Revenue Code;
12            (R) On and after July 20, 1999, in the case of an
13        attorney-in-fact with respect to whom an interinsurer
14        or a reciprocal insurer has made the election under
15        Section 835 of the Internal Revenue Code, 26 U.S.C.
16        835, an amount equal to the excess, if any, of the
17        amounts paid or incurred by that interinsurer or
18        reciprocal insurer in the taxable year to the
19        attorney-in-fact over the deduction allowed to that
20        interinsurer or reciprocal insurer with respect to the
21        attorney-in-fact under Section 835(b) of the Internal
22        Revenue Code for the taxable year; the provisions of
23        this subparagraph are exempt from the provisions of
24        Section 250;
25            (S) For taxable years ending on or after December
26        31, 1997, in the case of a Subchapter S corporation, an

 

 

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1        amount equal to all amounts of income allocable to a
2        shareholder subject to the Personal Property Tax
3        Replacement Income Tax imposed by subsections (c) and
4        (d) of Section 201 of this Act, including amounts
5        allocable to organizations exempt from federal income
6        tax by reason of Section 501(a) of the Internal
7        Revenue Code. This subparagraph (S) is exempt from the
8        provisions of Section 250;
9            (T) For taxable years 2001 and thereafter, for the
10        taxable year in which the bonus depreciation deduction
11        is taken on the taxpayer's federal income tax return
12        under subsection (k) or (n) of Section 168 of the
13        Internal Revenue Code and for each applicable taxable
14        year thereafter, an amount equal to "x", where:
15                (1) "y" equals the amount of the depreciation
16            deduction taken for the taxable year on the
17            taxpayer's federal income tax return on property
18            for which the bonus depreciation deduction was
19            taken in any year under subsection (k) or (n) of
20            Section 168 of the Internal Revenue Code, but not
21            including the bonus depreciation deduction;
22                (2) for taxable years ending on or before
23            December 31, 2005, "x" equals "y" multiplied by 30
24            and then divided by 70 (or "y" multiplied by
25            0.429); and
26                (3) for taxable years ending after December

 

 

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1            31, 2005:
2                    (i) for property on which a bonus
3                depreciation deduction of 30% of the adjusted
4                basis was taken, "x" equals "y" multiplied by
5                30 and then divided by 70 (or "y" multiplied
6                by 0.429);
7                    (ii) for property on which a bonus
8                depreciation deduction of 50% of the adjusted
9                basis was taken, "x" equals "y" multiplied by
10                1.0;
11                    (iii) for property on which a bonus
12                depreciation deduction of 100% of the adjusted
13                basis was taken in a taxable year ending on or
14                after December 31, 2021, "x" equals the
15                depreciation deduction that would be allowed
16                on that property if the taxpayer had made the
17                election under Section 168(k)(7) or Section
18                168(n)(6) of the Internal Revenue Code to not
19                claim bonus depreciation on that property; and
20                    (iv) for property on which a bonus
21                depreciation deduction of a percentage other
22                than 30%, 50% or 100% of the adjusted basis
23                was taken in a taxable year ending on or after
24                December 31, 2021, "x" equals "y" multiplied
25                by 100 times the percentage bonus depreciation
26                on the property (that is, 100(bonus%)) and

 

 

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1                then divided by 100 times 1 minus the
2                percentage bonus depreciation on the property
3                (that is, 100(1-bonus%)).
4            The aggregate amount deducted under this
5        subparagraph in all taxable years for any one piece of
6        property may not exceed the amount of the bonus
7        depreciation deduction taken on that property on the
8        taxpayer's federal income tax return under subsection
9        (k) or (n) of Section 168 of the Internal Revenue Code.
10        This subparagraph (T) is exempt from the provisions of
11        Section 250;
12            (U) If the taxpayer sells, transfers, abandons, or
13        otherwise disposes of property for which the taxpayer
14        was required in any taxable year to make an addition
15        modification under subparagraph (E-10), then an amount
16        equal to that addition modification.
17            If the taxpayer continues to own property through
18        the last day of the last tax year for which a
19        subtraction is allowed with respect to that property
20        under subparagraph (T) and for which the taxpayer was
21        required in any taxable year to make an addition
22        modification under subparagraph (E-10), then an amount
23        equal to that addition modification.
24            The taxpayer is allowed to take the deduction
25        under this subparagraph only once with respect to any
26        one piece of property.

 

 

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1            This subparagraph (U) is exempt from the
2        provisions of Section 250;
3            (V) The amount of: (i) any interest income (net of
4        the deductions allocable thereto) taken into account
5        for the taxable year with respect to a transaction
6        with a taxpayer that is required to make an addition
7        modification with respect to such transaction under
8        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
9        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
10        the amount of such addition modification, (ii) any
11        income from intangible property (net of the deductions
12        allocable thereto) taken into account for the taxable
13        year with respect to a transaction with a taxpayer
14        that is required to make an addition modification with
15        respect to such transaction under Section
16        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
17        203(d)(2)(D-8), but not to exceed the amount of such
18        addition modification, and (iii) any insurance premium
19        income (net of deductions allocable thereto) taken
20        into account for the taxable year with respect to a
21        transaction with a taxpayer that is required to make
22        an addition modification with respect to such
23        transaction under Section 203(a)(2)(D-19), Section
24        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
25        203(d)(2)(D-9), but not to exceed the amount of that
26        addition modification. This subparagraph (V) is exempt

 

 

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1        from the provisions of Section 250;
2            (W) An amount equal to the interest income taken
3        into account for the taxable year (net of the
4        deductions allocable thereto) with respect to
5        transactions with (i) a foreign person who would be a
6        member of the taxpayer's unitary business group but
7        for the fact that the foreign person's business
8        activity outside the United States is 80% or more of
9        that person's total business activity and (ii) for
10        taxable years ending on or after December 31, 2008, to
11        a person who would be a member of the same unitary
12        business group but for the fact that the person is
13        prohibited under Section 1501(a)(27) from being
14        included in the unitary business group because he or
15        she is ordinarily required to apportion business
16        income under different subsections of Section 304, but
17        not to exceed the addition modification required to be
18        made for the same taxable year under Section
19        203(b)(2)(E-12) for interest paid, accrued, or
20        incurred, directly or indirectly, to the same person.
21        This subparagraph (W) is exempt from the provisions of
22        Section 250;
23            (X) An amount equal to the income from intangible
24        property taken into account for the taxable year (net
25        of the deductions allocable thereto) with respect to
26        transactions with (i) a foreign person who would be a

 

 

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1        member of the taxpayer's unitary business group but
2        for the fact that the foreign person's business
3        activity outside the United States is 80% or more of
4        that person's total business activity and (ii) for
5        taxable years ending on or after December 31, 2008, to
6        a person who would be a member of the same unitary
7        business group but for the fact that the person is
8        prohibited under Section 1501(a)(27) from being
9        included in the unitary business group because he or
10        she is ordinarily required to apportion business
11        income under different subsections of Section 304, but
12        not to exceed the addition modification required to be
13        made for the same taxable year under Section
14        203(b)(2)(E-13) for intangible expenses and costs
15        paid, accrued, or incurred, directly or indirectly, to
16        the same foreign person. This subparagraph (X) is
17        exempt from the provisions of Section 250;
18            (Y) For taxable years ending on or after December
19        31, 2011, in the case of a taxpayer who was required to
20        add back any insurance premiums under Section
21        203(b)(2)(E-14), such taxpayer may elect to subtract
22        that part of a reimbursement received from the
23        insurance company equal to the amount of the expense
24        or loss (including expenses incurred by the insurance
25        company) that would have been taken into account as a
26        deduction for federal income tax purposes if the

 

 

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1        expense or loss had been uninsured. If a taxpayer
2        makes the election provided for by this subparagraph
3        (Y), the insurer to which the premiums were paid must
4        add back to income the amount subtracted by the
5        taxpayer pursuant to this subparagraph (Y). This
6        subparagraph (Y) is exempt from the provisions of
7        Section 250;
8            (Z) The difference between the nondeductible
9        controlled foreign corporation dividends under Section
10        965(e)(3) of the Internal Revenue Code over the
11        taxable income of the taxpayer, computed without
12        regard to Section 965(e)(2)(A) of the Internal Revenue
13        Code, and without regard to any net operating loss
14        deduction. This subparagraph (Z) is exempt from the
15        provisions of Section 250; and
16            (AA) For taxable years beginning on or after
17        January 1, 2023, for any cannabis establishment
18        operating in this State and licensed under the
19        Cannabis Regulation and Tax Act or any cannabis
20        cultivation center or medical cannabis dispensing
21        organization operating in this State and licensed
22        under the Compassionate Use of Medical Cannabis
23        Program Act, an amount equal to the deductions that
24        were disallowed under Section 280E of the Internal
25        Revenue Code for the taxable year and that would not be
26        added back under this subsection. The provisions of

 

 

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1        this subparagraph (AA) are exempt from the provisions
2        of Section 250; and .
3            (BB) An amount equal to: the interest on bonds
4        issued under the Municipal Stadium Authority Act; the
5        proceeds received by a holder from the sale of those
6        bonds to the extent of the holder's cost of
7        acquisition; proceeds received upon redemption of
8        those bonds before maturity; proceeds received at
9        maturity of those bonds; and the receipt of interest
10        in proceeds from those bonds. This subparagraph (BB)
11        is exempt from the provisions of Section 250.
12        (3) Special rule. For purposes of paragraph (2)(A),
13    "gross income" in the case of a life insurance company,
14    for tax years ending on and after December 31, 1994, and
15    prior to December 31, 2011, shall mean the gross
16    investment income for the taxable year and, for tax years
17    ending on or after December 31, 2011, shall mean all
18    amounts included in life insurance gross income under
19    Section 803(a)(3) of the Internal Revenue Code.
 
20    (c) Trusts and estates.
21        (1) In general. In the case of a trust or estate, base
22    income means an amount equal to the taxpayer's taxable
23    income for the taxable year as modified by paragraph (2).
24        (2) Modifications. Subject to the provisions of
25    paragraph (3), the taxable income referred to in paragraph

 

 

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1    (1) shall be modified by adding thereto the sum of the
2    following amounts:
3            (A) An amount equal to all amounts paid or accrued
4        to the taxpayer as interest or dividends during the
5        taxable year to the extent excluded from gross income
6        in the computation of taxable income;
7            (B) In the case of (i) an estate, $600; (ii) a
8        trust which, under its governing instrument, is
9        required to distribute all of its income currently,
10        $300; and (iii) any other trust, $100, but in each such
11        case, only to the extent such amount was deducted in
12        the computation of taxable income;
13            (C) An amount equal to the amount of tax imposed by
14        this Act to the extent deducted from gross income in
15        the computation of taxable income for the taxable
16        year;
17            (D) The amount of any net operating loss deduction
18        taken in arriving at taxable income, other than a net
19        operating loss carried forward from a taxable year
20        ending prior to December 31, 1986;
21            (E) For taxable years in which a net operating
22        loss carryback or carryforward from a taxable year
23        ending prior to December 31, 1986 is an element of
24        taxable income under paragraph (1) of subsection (e)
25        or subparagraph (E) of paragraph (2) of subsection
26        (e), the amount by which addition modifications other

 

 

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1        than those provided by this subparagraph (E) exceeded
2        subtraction modifications in such taxable year, with
3        the following limitations applied in the order that
4        they are listed:
5                (i) the addition modification relating to the
6            net operating loss carried back or forward to the
7            taxable year from any taxable year ending prior to
8            December 31, 1986 shall be reduced by the amount
9            of addition modification under this subparagraph
10            (E) which related to that net operating loss and
11            which was taken into account in calculating the
12            base income of an earlier taxable year, and
13                (ii) the addition modification relating to the
14            net operating loss carried back or forward to the
15            taxable year from any taxable year ending prior to
16            December 31, 1986 shall not exceed the amount of
17            such carryback or carryforward;
18            For taxable years in which there is a net
19        operating loss carryback or carryforward from more
20        than one other taxable year ending prior to December
21        31, 1986, the addition modification provided in this
22        subparagraph (E) shall be the sum of the amounts
23        computed independently under the preceding provisions
24        of this subparagraph (E) for each such taxable year;
25            (F) For taxable years ending on or after January
26        1, 1989, an amount equal to the tax deducted pursuant

 

 

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1        to Section 164 of the Internal Revenue Code if the
2        trust or estate is claiming the same tax for purposes
3        of the Illinois foreign tax credit under Section 601
4        of this Act;
5            (G) An amount equal to the amount of the capital
6        gain deduction allowable under the Internal Revenue
7        Code, to the extent deducted from gross income in the
8        computation of taxable income;
9            (G-5) For taxable years ending after December 31,
10        1997, an amount equal to any eligible remediation
11        costs that the trust or estate deducted in computing
12        adjusted gross income and for which the trust or
13        estate claims a credit under subsection (l) of Section
14        201;
15            (G-10) For taxable years 2001 through 2025, an
16        amount equal to the bonus depreciation deduction taken
17        on the taxpayer's federal income tax return for the
18        taxable year under subsection (k) of Section 168 of
19        the Internal Revenue Code; for taxable years 2026 and
20        thereafter, an amount equal to the bonus depreciation
21        deduction taken on the taxpayer's federal income tax
22        return for the taxable year under subsection (k) or
23        (n) of Section 168 of the Internal Revenue Code; and
24            (G-11) If the taxpayer sells, transfers, abandons,
25        or otherwise disposes of property for which the
26        taxpayer was required in any taxable year to make an

 

 

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1        addition modification under subparagraph (G-10), then
2        an amount equal to the aggregate amount of the
3        deductions taken in all taxable years under
4        subparagraph (R) with respect to that property.
5            If the taxpayer continues to own property through
6        the last day of the last tax year for which a
7        subtraction is allowed with respect to that property
8        under subparagraph (R) and for which the taxpayer was
9        allowed in any taxable year to make a subtraction
10        modification under subparagraph (R), then an amount
11        equal to that subtraction modification.
12            The taxpayer is required to make the addition
13        modification under this subparagraph only once with
14        respect to any one piece of property;
15            (G-12) An amount equal to the amount otherwise
16        allowed as a deduction in computing base income for
17        interest paid, accrued, or incurred, directly or
18        indirectly, (i) for taxable years ending on or after
19        December 31, 2004, to a foreign person who would be a
20        member of the same unitary business group but for the
21        fact that the foreign person's business activity
22        outside the United States is 80% or more of the foreign
23        person's total business activity and (ii) for taxable
24        years ending on or after December 31, 2008, to a person
25        who would be a member of the same unitary business
26        group but for the fact that the person is prohibited

 

 

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1        under Section 1501(a)(27) from being included in the
2        unitary business group because he or she is ordinarily
3        required to apportion business income under different
4        subsections of Section 304. The addition modification
5        required by this subparagraph shall be reduced to the
6        extent that dividends were included in base income of
7        the unitary group for the same taxable year and
8        received by the taxpayer or by a member of the
9        taxpayer's unitary business group (including amounts
10        included in gross income pursuant to Sections 951
11        through 964 of the Internal Revenue Code and amounts
12        included in gross income under Section 78 of the
13        Internal Revenue Code) with respect to the stock of
14        the same person to whom the interest was paid,
15        accrued, or incurred. For taxable years ending on and
16        after December 31, 2025, for purposes of applying this
17        paragraph in the case of a taxpayer to which Section
18        163(j) of the Internal Revenue Code applies for the
19        taxable year, the reduction in the amount of interest
20        for which a deduction is allowed by reason of Section
21        163(j) shall be treated as allocable first to persons
22        who are not foreign persons referred to in this
23        paragraph and then to such foreign persons.
24            For taxable years ending before December 31, 2025,
25        this paragraph shall not apply to the following:
26                (i) an item of interest paid, accrued, or

 

 

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1            incurred, directly or indirectly, to a person who
2            is subject in a foreign country or state, other
3            than a state which requires mandatory unitary
4            reporting, to a tax on or measured by net income
5            with respect to such interest; or
6                (ii) an item of interest paid, accrued, or
7            incurred, directly or indirectly, to a person if
8            the taxpayer can establish, based on a
9            preponderance of the evidence, both of the
10            following:
11                    (a) the person, during the same taxable
12                year, paid, accrued, or incurred, the interest
13                to a person that is not a related member, and
14                    (b) the transaction giving rise to the
15                interest expense between the taxpayer and the
16                person did not have as a principal purpose the
17                avoidance of Illinois income tax, and is paid
18                pursuant to a contract or agreement that
19                reflects an arm's-length interest rate and
20                terms; or
21                (iii) the taxpayer can establish, based on
22            clear and convincing evidence, that the interest
23            paid, accrued, or incurred relates to a contract
24            or agreement entered into at arm's-length rates
25            and terms and the principal purpose for the
26            payment is not federal or Illinois tax avoidance;

 

 

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1            or
2                (iv) an item of interest paid, accrued, or
3            incurred, directly or indirectly, to a person if
4            the taxpayer establishes by clear and convincing
5            evidence that the adjustments are unreasonable; or
6            if the taxpayer and the Director agree in writing
7            to the application or use of an alternative method
8            of apportionment under Section 304(f).
9            For taxable years ending on or after December 31,
10        2025, this paragraph shall not apply to the following:
11                (i) an item of interest paid, accrued, or
12            incurred, directly or indirectly, to a person if
13            the taxpayer can establish, based on a
14            preponderance of the evidence, both of the
15            following:
16                    (a) the person, during the same taxable
17                year, paid, accrued, or incurred, the interest
18                to a person that is not a related member, and
19                    (b) the transaction giving rise to the
20                interest expense between the taxpayer and the
21                person did not have as a principal purpose the
22                avoidance of Illinois income tax, and is paid
23                pursuant to a contract or agreement that
24                reflects an arm's-length interest rate and
25                terms; or
26                (ii) an item of interest paid, accrued, or

 

 

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1            incurred, directly or indirectly, to a person if
2            the taxpayer establishes by clear and convincing
3            evidence that the adjustments are unreasonable; or
4            if the taxpayer and the Director agree in writing
5            to the application or use of an alternative method
6            of apportionment under Section 304(f).
7            Nothing in this subsection shall preclude the
8        Director from making any other adjustment otherwise
9        allowed under Section 404 of this Act for any tax year
10        beginning after the effective date of this amendment
11        provided such adjustment is made pursuant to
12        regulation adopted by the Department and such
13        regulations provide methods and standards by which the
14        Department will utilize its authority under Section
15        404 of this Act;
16            (G-13) An amount equal to the amount of intangible
17        expenses and costs otherwise allowed as a deduction in
18        computing base income, and that were paid, accrued, or
19        incurred, directly or indirectly, (i) for taxable
20        years ending on or after December 31, 2004, to a
21        foreign person who would be a member of the same
22        unitary business group but for the fact that the
23        foreign person's business activity outside the United
24        States is 80% or more of that person's total business
25        activity and (ii) for taxable years ending on or after
26        December 31, 2008, to a person who would be a member of

 

 

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1        the same unitary business group but for the fact that
2        the person is prohibited under Section 1501(a)(27)
3        from being included in the unitary business group
4        because he or she is ordinarily required to apportion
5        business income under different subsections of Section
6        304. The addition modification required by this
7        subparagraph shall be reduced to the extent that
8        dividends were included in base income of the unitary
9        group for the same taxable year and received by the
10        taxpayer or by a member of the taxpayer's unitary
11        business group (including amounts included in gross
12        income pursuant to Sections 951 through 964 of the
13        Internal Revenue Code and amounts included in gross
14        income under Section 78 of the Internal Revenue Code)
15        with respect to the stock of the same person to whom
16        the intangible expenses and costs were directly or
17        indirectly paid, incurred, or accrued. The preceding
18        sentence shall not apply to the extent that the same
19        dividends caused a reduction to the addition
20        modification required under Section 203(c)(2)(G-12) of
21        this Act. As used in this subparagraph, the term
22        "intangible expenses and costs" includes: (1)
23        expenses, losses, and costs for or related to the
24        direct or indirect acquisition, use, maintenance or
25        management, ownership, sale, exchange, or any other
26        disposition of intangible property; (2) losses

 

 

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1        incurred, directly or indirectly, from factoring
2        transactions or discounting transactions; (3) royalty,
3        patent, technical, and copyright fees; (4) licensing
4        fees; and (5) other similar expenses and costs. For
5        purposes of this subparagraph, "intangible property"
6        includes patents, patent applications, trade names,
7        trademarks, service marks, copyrights, mask works,
8        trade secrets, and similar types of intangible assets.
9            For taxable years ending before December 31, 2025,
10        this paragraph shall not apply to the following:
11                (i) any item of intangible expenses or costs
12            paid, accrued, or incurred, directly or
13            indirectly, from a transaction with a person who
14            is subject in a foreign country or state, other
15            than a state which requires mandatory unitary
16            reporting, to a tax on or measured by net income
17            with respect to such item; or
18                (ii) any item of intangible expense or cost
19            paid, accrued, or incurred, directly or
20            indirectly, if the taxpayer can establish, based
21            on a preponderance of the evidence, both of the
22            following:
23                    (a) the person during the same taxable
24                year paid, accrued, or incurred, the
25                intangible expense or cost to a person that is
26                not a related member, and

 

 

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1                    (b) the transaction giving rise to the
2                intangible expense or cost between the
3                taxpayer and the person did not have as a
4                principal purpose the avoidance of Illinois
5                income tax, and is paid pursuant to a contract
6                or agreement that reflects arm's-length terms;
7                or
8                (iii) any item of intangible expense or cost
9            paid, accrued, or incurred, directly or
10            indirectly, from a transaction with a person if
11            the taxpayer establishes by clear and convincing
12            evidence, that the adjustments are unreasonable;
13            or if the taxpayer and the Director agree in
14            writing to the application or use of an
15            alternative method of apportionment under Section
16            304(f);
17            For taxable years ending on or after December 31,
18        2025, this paragraph shall not apply to the following:
19                (i) any item of intangible expense or cost
20            paid, accrued, or incurred, directly or
21            indirectly, if the taxpayer can establish, based
22            on a preponderance of the evidence, both of the
23            following:
24                    (a) the person during the same taxable
25                year paid, accrued, or incurred, the
26                intangible expense or cost to a person that is

 

 

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1                not a related member, and
2                    (b) the transaction giving rise to the
3                intangible expense or cost between the
4                taxpayer and the person did not have as a
5                principal purpose the avoidance of Illinois
6                income tax, and is paid pursuant to a contract
7                or agreement that reflects arm's-length terms;
8                or
9                (ii) any item of intangible expense or cost
10            paid, accrued, or incurred, directly or
11            indirectly, from a transaction with a person if
12            the taxpayer establishes by clear and convincing
13            evidence, that the adjustments are unreasonable;
14            or if the taxpayer and the Director agree in
15            writing to the application or use of an
16            alternative method of apportionment under Section
17            304(f).
18            Nothing in this subsection shall preclude the
19        Director from making any other adjustment otherwise
20        allowed under Section 404 of this Act for any tax year
21        beginning after the effective date of this amendment
22        provided such adjustment is made pursuant to
23        regulation adopted by the Department and such
24        regulations provide methods and standards by which the
25        Department will utilize its authority under Section
26        404 of this Act;

 

 

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1            (G-14) For taxable years ending on or after
2        December 31, 2008, an amount equal to the amount of
3        insurance premium expenses and costs otherwise allowed
4        as a deduction in computing base income, and that were
5        paid, accrued, or incurred, directly or indirectly, to
6        a person who would be a member of the same unitary
7        business group but for the fact that the person is
8        prohibited under Section 1501(a)(27) from being
9        included in the unitary business group because he or
10        she is ordinarily required to apportion business
11        income under different subsections of Section 304. The
12        addition modification required by this subparagraph
13        shall be reduced to the extent that dividends were
14        included in base income of the unitary group for the
15        same taxable year and received by the taxpayer or by a
16        member of the taxpayer's unitary business group
17        (including amounts included in gross income under
18        Sections 951 through 964 of the Internal Revenue Code
19        and amounts included in gross income under Section 78
20        of the Internal Revenue Code) with respect to the
21        stock of the same person to whom the premiums and costs
22        were directly or indirectly paid, incurred, or
23        accrued. The preceding sentence does not apply to the
24        extent that the same dividends caused a reduction to
25        the addition modification required under Section
26        203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this

 

 

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1        Act;
2            (G-15) An amount equal to the credit allowable to
3        the taxpayer under Section 218(a) of this Act,
4        determined without regard to Section 218(c) of this
5        Act;
6            (G-16) For taxable years ending on or after
7        December 31, 2017, an amount equal to the deduction
8        allowed under Section 199 of the Internal Revenue Code
9        for the taxable year;
10            (G-17) the amount that is claimed as a federal
11        deduction when computing the taxpayer's federal
12        taxable income for the taxable year and that is
13        attributable to an endowment gift for which the
14        taxpayer receives a credit under the Illinois Gives
15        Tax Credit Act;
16    and by deducting from the total so obtained the sum of the
17    following amounts:
18            (H) An amount equal to all amounts included in
19        such total pursuant to the provisions of Sections
20        402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
21        of the Internal Revenue Code or included in such total
22        as distributions under the provisions of any
23        retirement or disability plan for employees of any
24        governmental agency or unit, or retirement payments to
25        retired partners, which payments are excluded in
26        computing net earnings from self employment by Section

 

 

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1        1402 of the Internal Revenue Code and regulations
2        adopted pursuant thereto;
3            (I) The valuation limitation amount;
4            (J) An amount equal to the amount of any tax
5        imposed by this Act which was refunded to the taxpayer
6        and included in such total for the taxable year;
7            (K) An amount equal to all amounts included in
8        taxable income as modified by subparagraphs (A), (B),
9        (C), (D), (E), (F) and (G) which are exempt from
10        taxation by this State either by reason of its
11        statutes or Constitution or by reason of the
12        Constitution, treaties or statutes of the United
13        States; provided that, in the case of any statute of
14        this State that exempts income derived from bonds or
15        other obligations from the tax imposed under this Act,
16        the amount exempted shall be the interest net of bond
17        premium amortization;
18            (L) With the exception of any amounts subtracted
19        under subparagraph (K), an amount equal to the sum of
20        all amounts disallowed as deductions by (i) Sections
21        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
22        and all amounts of expenses allocable to interest and
23        disallowed as deductions by Section 265(a)(1) of the
24        Internal Revenue Code; and (ii) for taxable years
25        ending on or after August 13, 1999, Sections
26        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the

 

 

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1        Internal Revenue Code, plus, (iii) for taxable years
2        ending on or after December 31, 2011, Section
3        45G(e)(3) of the Internal Revenue Code and, for
4        taxable years ending on or after December 31, 2008,
5        any amount included in gross income under Section 87
6        of the Internal Revenue Code; the provisions of this
7        subparagraph are exempt from the provisions of Section
8        250;
9            (M) An amount equal to those dividends included in
10        such total which were paid by a corporation which
11        conducts business operations in a River Edge
12        Redevelopment Zone or zones created under the River
13        Edge Redevelopment Zone Act and conducts substantially
14        all of its operations in a River Edge Redevelopment
15        Zone or zones. This subparagraph (M) is exempt from
16        the provisions of Section 250;
17            (N) An amount equal to any contribution made to a
18        job training project established pursuant to the Tax
19        Increment Allocation Redevelopment Act;
20            (O) An amount equal to those dividends included in
21        such total that were paid by a corporation that
22        conducts business operations in a federally designated
23        Foreign Trade Zone or Sub-Zone and that is designated
24        a High Impact Business located in Illinois; provided
25        that dividends eligible for the deduction provided in
26        subparagraph (M) of paragraph (2) of this subsection

 

 

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1        shall not be eligible for the deduction provided under
2        this subparagraph (O);
3            (P) An amount equal to the amount of the deduction
4        used to compute the federal income tax credit for
5        restoration of substantial amounts held under claim of
6        right for the taxable year pursuant to Section 1341 of
7        the Internal Revenue Code;
8            (Q) For taxable year 1999 and thereafter, an
9        amount equal to the amount of any (i) distributions,
10        to the extent includible in gross income for federal
11        income tax purposes, made to the taxpayer because of
12        his or her status as a victim of persecution for racial
13        or religious reasons by Nazi Germany or any other Axis
14        regime or as an heir of the victim and (ii) items of
15        income, to the extent includible in gross income for
16        federal income tax purposes, attributable to, derived
17        from or in any way related to assets stolen from,
18        hidden from, or otherwise lost to a victim of
19        persecution for racial or religious reasons by Nazi
20        Germany or any other Axis regime immediately prior to,
21        during, and immediately after World War II, including,
22        but not limited to, interest on the proceeds
23        receivable as insurance under policies issued to a
24        victim of persecution for racial or religious reasons
25        by Nazi Germany or any other Axis regime by European
26        insurance companies immediately prior to and during

 

 

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1        World War II; provided, however, this subtraction from
2        federal adjusted gross income does not apply to assets
3        acquired with such assets or with the proceeds from
4        the sale of such assets; provided, further, this
5        paragraph shall only apply to a taxpayer who was the
6        first recipient of such assets after their recovery
7        and who is a victim of persecution for racial or
8        religious reasons by Nazi Germany or any other Axis
9        regime or as an heir of the victim. The amount of and
10        the eligibility for any public assistance, benefit, or
11        similar entitlement is not affected by the inclusion
12        of items (i) and (ii) of this paragraph in gross income
13        for federal income tax purposes. This paragraph is
14        exempt from the provisions of Section 250;
15            (R) For taxable years 2001 and thereafter, for the
16        taxable year in which the bonus depreciation deduction
17        is taken on the taxpayer's federal income tax return
18        under subsection (k) or (n) of Section 168 of the
19        Internal Revenue Code and for each applicable taxable
20        year thereafter, an amount equal to "x", where:
21                (1) "y" equals the amount of the depreciation
22            deduction taken for the taxable year on the
23            taxpayer's federal income tax return on property
24            for which the bonus depreciation deduction was
25            taken in any year under subsection (k) or (n) of
26            Section 168 of the Internal Revenue Code, but not

 

 

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1            including the bonus depreciation deduction;
2                (2) for taxable years ending on or before
3            December 31, 2005, "x" equals "y" multiplied by 30
4            and then divided by 70 (or "y" multiplied by
5            0.429); and
6                (3) for taxable years ending after December
7            31, 2005:
8                    (i) for property on which a bonus
9                depreciation deduction of 30% of the adjusted
10                basis was taken, "x" equals "y" multiplied by
11                30 and then divided by 70 (or "y" multiplied
12                by 0.429);
13                    (ii) for property on which a bonus
14                depreciation deduction of 50% of the adjusted
15                basis was taken, "x" equals "y" multiplied by
16                1.0;
17                    (iii) for property on which a bonus
18                depreciation deduction of 100% of the adjusted
19                basis was taken in a taxable year ending on or
20                after December 31, 2021, "x" equals the
21                depreciation deduction that would be allowed
22                on that property if the taxpayer had made the
23                election under Section 168(k)(7) or Section
24                168(n)(6) of the Internal Revenue Code to not
25                claim bonus depreciation on that property; and
26                    (iv) for property on which a bonus

 

 

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1                depreciation deduction of a percentage other
2                than 30%, 50% or 100% of the adjusted basis
3                was taken in a taxable year ending on or after
4                December 31, 2021, "x" equals "y" multiplied
5                by 100 times the percentage bonus depreciation
6                on the property (that is, 100(bonus%)) and
7                then divided by 100 times 1 minus the
8                percentage bonus depreciation on the property
9                (that is, 100(1-bonus%)).
10            The aggregate amount deducted under this
11        subparagraph in all taxable years for any one piece of
12        property may not exceed the amount of the bonus
13        depreciation deduction taken on that property on the
14        taxpayer's federal income tax return under subsection
15        (k) or (n) of Section 168 of the Internal Revenue Code.
16        This subparagraph (R) is exempt from the provisions of
17        Section 250;
18            (S) If the taxpayer sells, transfers, abandons, or
19        otherwise disposes of property for which the taxpayer
20        was required in any taxable year to make an addition
21        modification under subparagraph (G-10), then an amount
22        equal to that addition modification.
23            If the taxpayer continues to own property through
24        the last day of the last tax year for which a
25        subtraction is allowed with respect to that property
26        under subparagraph (R) and for which the taxpayer was

 

 

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1        required in any taxable year to make an addition
2        modification under subparagraph (G-10), then an amount
3        equal to that addition modification.
4            The taxpayer is allowed to take the deduction
5        under this subparagraph only once with respect to any
6        one piece of property.
7            This subparagraph (S) is exempt from the
8        provisions of Section 250;
9            (T) The amount of (i) any interest income (net of
10        the deductions allocable thereto) taken into account
11        for the taxable year with respect to a transaction
12        with a taxpayer that is required to make an addition
13        modification with respect to such transaction under
14        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
15        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
16        the amount of such addition modification and (ii) any
17        income from intangible property (net of the deductions
18        allocable thereto) taken into account for the taxable
19        year with respect to a transaction with a taxpayer
20        that is required to make an addition modification with
21        respect to such transaction under Section
22        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
23        203(d)(2)(D-8), but not to exceed the amount of such
24        addition modification. This subparagraph (T) is exempt
25        from the provisions of Section 250;
26            (U) An amount equal to the interest income taken

 

 

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1        into account for the taxable year (net of the
2        deductions allocable thereto) with respect to
3        transactions with (i) a foreign person who would be a
4        member of the taxpayer's unitary business group but
5        for the fact the foreign person's business activity
6        outside the United States is 80% or more of that
7        person's total business activity and (ii) for taxable
8        years ending on or after December 31, 2008, to a person
9        who would be a member of the same unitary business
10        group but for the fact that the person is prohibited
11        under Section 1501(a)(27) from being included in the
12        unitary business group because he or she is ordinarily
13        required to apportion business income under different
14        subsections of Section 304, but not to exceed the
15        addition modification required to be made for the same
16        taxable year under Section 203(c)(2)(G-12) for
17        interest paid, accrued, or incurred, directly or
18        indirectly, to the same person. This subparagraph (U)
19        is exempt from the provisions of Section 250;
20            (V) An amount equal to the income from intangible
21        property taken into account for the taxable year (net
22        of the deductions allocable thereto) with respect to
23        transactions with (i) a foreign person who would be a
24        member of the taxpayer's unitary business group but
25        for the fact that the foreign person's business
26        activity outside the United States is 80% or more of

 

 

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1        that person's total business activity and (ii) for
2        taxable years ending on or after December 31, 2008, to
3        a person who would be a member of the same unitary
4        business group but for the fact that the person is
5        prohibited under Section 1501(a)(27) from being
6        included in the unitary business group because he or
7        she is ordinarily required to apportion business
8        income under different subsections of Section 304, but
9        not to exceed the addition modification required to be
10        made for the same taxable year under Section
11        203(c)(2)(G-13) for intangible expenses and costs
12        paid, accrued, or incurred, directly or indirectly, to
13        the same foreign person. This subparagraph (V) is
14        exempt from the provisions of Section 250;
15            (W) in the case of an estate, an amount equal to
16        all amounts included in such total pursuant to the
17        provisions of Section 111 of the Internal Revenue Code
18        as a recovery of items previously deducted by the
19        decedent from adjusted gross income in the computation
20        of taxable income. This subparagraph (W) is exempt
21        from Section 250;
22            (X) an amount equal to the refund included in such
23        total of any tax deducted for federal income tax
24        purposes, to the extent that deduction was added back
25        under subparagraph (F). This subparagraph (X) is
26        exempt from the provisions of Section 250;

 

 

10400HB0958sam002- 112 -LRB104 04860 HLH 38731 a

1            (Y) For taxable years ending on or after December
2        31, 2011, in the case of a taxpayer who was required to
3        add back any insurance premiums under Section
4        203(c)(2)(G-14), such taxpayer may elect to subtract
5        that part of a reimbursement received from the
6        insurance company equal to the amount of the expense
7        or loss (including expenses incurred by the insurance
8        company) that would have been taken into account as a
9        deduction for federal income tax purposes if the
10        expense or loss had been uninsured. If a taxpayer
11        makes the election provided for by this subparagraph
12        (Y), the insurer to which the premiums were paid must
13        add back to income the amount subtracted by the
14        taxpayer pursuant to this subparagraph (Y). This
15        subparagraph (Y) is exempt from the provisions of
16        Section 250;
17            (Z) For taxable years beginning after December 31,
18        2018, the amount of excess business loss of the
19        taxpayer disallowed as a deduction by Section
20        461(l)(1)(B) of the Internal Revenue Code; and
21            (AA) For taxable years beginning on or after
22        January 1, 2023, for any cannabis establishment
23        operating in this State and licensed under the
24        Cannabis Regulation and Tax Act or any cannabis
25        cultivation center or medical cannabis dispensing
26        organization operating in this State and licensed

 

 

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1        under the Compassionate Use of Medical Cannabis
2        Program Act, an amount equal to the deductions that
3        were disallowed under Section 280E of the Internal
4        Revenue Code for the taxable year and that would not be
5        added back under this subsection. The provisions of
6        this subparagraph (AA) are exempt from the provisions
7        of Section 250; and .
8            (BB) An amount equal to: the interest on bonds
9        issued under the Municipal Stadium Authority Act; the
10        proceeds received by a holder from the sale of those
11        bonds to the extent of the holder's cost of
12        acquisition; proceeds received upon redemption of
13        those bonds before maturity; proceeds received at
14        maturity of those bonds; and the receipt of interest
15        in proceeds from those bonds. This subparagraph (BB)
16        is exempt from the provisions of Section 250.
17        (3) Limitation. The amount of any modification
18    otherwise required under this subsection shall, under
19    regulations prescribed by the Department, be adjusted by
20    any amounts included therein which were properly paid,
21    credited, or required to be distributed, or permanently
22    set aside for charitable purposes pursuant to Internal
23    Revenue Code Section 642(c) during the taxable year.
 
24    (d) Partnerships.
25        (1) In general. In the case of a partnership, base

 

 

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1    income means an amount equal to the taxpayer's taxable
2    income for the taxable year as modified by paragraph (2).
3        (2) Modifications. The taxable income referred to in
4    paragraph (1) shall be modified by adding thereto the sum
5    of the following amounts:
6            (A) An amount equal to all amounts paid or accrued
7        to the taxpayer as interest or dividends during the
8        taxable year to the extent excluded from gross income
9        in the computation of taxable income;
10            (B) An amount equal to the amount of tax imposed by
11        this Act to the extent deducted from gross income for
12        the taxable year;
13            (C) The amount of deductions allowed to the
14        partnership pursuant to Section 707 (c) of the
15        Internal Revenue Code in calculating its taxable
16        income;
17            (D) An amount equal to the amount of the capital
18        gain deduction allowable under the Internal Revenue
19        Code, to the extent deducted from gross income in the
20        computation of taxable income;
21            (D-5) For taxable years 2001 through 2025, an
22        amount equal to the bonus depreciation deduction taken
23        on the taxpayer's federal income tax return for the
24        taxable year under subsection (k) of Section 168 of
25        the Internal Revenue Code; for taxable years 2026 and
26        thereafter, an amount equal to the bonus depreciation

 

 

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1        deduction taken on the taxpayer's federal income tax
2        return for the taxable year under subsection (k) or
3        (n) of Section 168 of the Internal Revenue Code;
4            (D-6) If the taxpayer sells, transfers, abandons,
5        or otherwise disposes of property for which the
6        taxpayer was required in any taxable year to make an
7        addition modification under subparagraph (D-5), then
8        an amount equal to the aggregate amount of the
9        deductions taken in all taxable years under
10        subparagraph (O) with respect to that property.
11            If the taxpayer continues to own property through
12        the last day of the last tax year for which a
13        subtraction is allowed with respect to that property
14        under subparagraph (O) and for which the taxpayer was
15        allowed in any taxable year to make a subtraction
16        modification under subparagraph (O), then an amount
17        equal to that subtraction modification.
18            The taxpayer is required to make the addition
19        modification under this subparagraph only once with
20        respect to any one piece of property;
21            (D-7) An amount equal to the amount otherwise
22        allowed as a deduction in computing base income for
23        interest paid, accrued, or incurred, directly or
24        indirectly, (i) for taxable years ending on or after
25        December 31, 2004, to a foreign person who would be a
26        member of the same unitary business group but for the

 

 

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1        fact the foreign person's business activity outside
2        the United States is 80% or more of the foreign
3        person's total business activity and (ii) for taxable
4        years ending on or after December 31, 2008, to a person
5        who would be a member of the same unitary business
6        group but for the fact that the person is prohibited
7        under Section 1501(a)(27) from being included in the
8        unitary business group because he or she is ordinarily
9        required to apportion business income under different
10        subsections of Section 304. The addition modification
11        required by this subparagraph shall be reduced to the
12        extent that dividends were included in base income of
13        the unitary group for the same taxable year and
14        received by the taxpayer or by a member of the
15        taxpayer's unitary business group (including amounts
16        included in gross income pursuant to Sections 951
17        through 964 of the Internal Revenue Code and amounts
18        included in gross income under Section 78 of the
19        Internal Revenue Code) with respect to the stock of
20        the same person to whom the interest was paid,
21        accrued, or incurred. For taxable years ending on and
22        after December 31, 2025, for purposes of applying this
23        paragraph in the case of a taxpayer to which Section
24        163(j) of the Internal Revenue Code applies for the
25        taxable year, the reduction in the amount of interest
26        for which a deduction is allowed by reason of Section

 

 

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1        163(j) shall be treated as allocable first to persons
2        who are not foreign persons referred to in this
3        paragraph and then to such foreign persons.
4            For taxable years ending before December 31, 2025,
5        this paragraph shall not apply to the following:
6                (i) an item of interest paid, accrued, or
7            incurred, directly or indirectly, to a person who
8            is subject in a foreign country or state, other
9            than a state which requires mandatory unitary
10            reporting, to a tax on or measured by net income
11            with respect to such interest; or
12                (ii) an item of interest paid, accrued, or
13            incurred, directly or indirectly, to a person if
14            the taxpayer can establish, based on a
15            preponderance of the evidence, both of the
16            following:
17                    (a) the person, during the same taxable
18                year, paid, accrued, or incurred, the interest
19                to a person that is not a related member, and
20                    (b) the transaction giving rise to the
21                interest expense between the taxpayer and the
22                person did not have as a principal purpose the
23                avoidance of Illinois income tax, and is paid
24                pursuant to a contract or agreement that
25                reflects an arm's-length interest rate and
26                terms; or

 

 

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1                (iii) the taxpayer can establish, based on
2            clear and convincing evidence, that the interest
3            paid, accrued, or incurred relates to a contract
4            or agreement entered into at arm's-length rates
5            and terms and the principal purpose for the
6            payment is not federal or Illinois tax avoidance;
7            or
8                (iv) an item of interest paid, accrued, or
9            incurred, directly or indirectly, to a person if
10            the taxpayer establishes by clear and convincing
11            evidence that the adjustments are unreasonable; or
12            if the taxpayer and the Director agree in writing
13            to the application or use of an alternative method
14            of apportionment under Section 304(f).
15            For taxable years ending on or after December 31,
16        2025, this paragraph shall not apply to the following:
17                (i) an item of interest paid, accrued, or
18            incurred, directly or indirectly, to a person if
19            the taxpayer can establish, based on a
20            preponderance of the evidence, both of the
21            following:
22                    (a) the person, during the same taxable
23                year, paid, accrued, or incurred, the interest
24                to a person that is not a related member, and
25                    (b) the transaction giving rise to the
26                interest expense between the taxpayer and the

 

 

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1                person did not have as a principal purpose the
2                avoidance of Illinois income tax, and is paid
3                pursuant to a contract or agreement that
4                reflects an arm's-length interest rate and
5                terms; or
6                (ii) an item of interest paid, accrued, or
7            incurred, directly or indirectly, to a person if
8            the taxpayer establishes by clear and convincing
9            evidence that the adjustments are unreasonable; or
10            if the taxpayer and the Director agree in writing
11            to the application or use of an alternative method
12            of apportionment under Section 304(f).
13            Nothing in this subsection shall preclude the
14        Director from making any other adjustment otherwise
15        allowed under Section 404 of this Act for any tax year
16        beginning after the effective date of this amendment
17        provided such adjustment is made pursuant to
18        regulation adopted by the Department and such
19        regulations provide methods and standards by which the
20        Department will utilize its authority under Section
21        404 of this Act; and
22            (D-8) An amount equal to the amount of intangible
23        expenses and costs otherwise allowed as a deduction in
24        computing base income, and that were paid, accrued, or
25        incurred, directly or indirectly, (i) for taxable
26        years ending on or after December 31, 2004, to a

 

 

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1        foreign person who would be a member of the same
2        unitary business group but for the fact that the
3        foreign person's business activity outside the United
4        States is 80% or more of that person's total business
5        activity and (ii) for taxable years ending on or after
6        December 31, 2008, to a person who would be a member of
7        the same unitary business group but for the fact that
8        the person is prohibited under Section 1501(a)(27)
9        from being included in the unitary business group
10        because he or she is ordinarily required to apportion
11        business income under different subsections of Section
12        304. The addition modification required by this
13        subparagraph shall be reduced to the extent that
14        dividends were included in base income of the unitary
15        group for the same taxable year and received by the
16        taxpayer or by a member of the taxpayer's unitary
17        business group (including amounts included in gross
18        income pursuant to Sections 951 through 964 of the
19        Internal Revenue Code and amounts included in gross
20        income under Section 78 of the Internal Revenue Code)
21        with respect to the stock of the same person to whom
22        the intangible expenses and costs were directly or
23        indirectly paid, incurred or accrued. The preceding
24        sentence shall not apply to the extent that the same
25        dividends caused a reduction to the addition
26        modification required under Section 203(d)(2)(D-7) of

 

 

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1        this Act. As used in this subparagraph, the term
2        "intangible expenses and costs" includes (1) expenses,
3        losses, and costs for, or related to, the direct or
4        indirect acquisition, use, maintenance or management,
5        ownership, sale, exchange, or any other disposition of
6        intangible property; (2) losses incurred, directly or
7        indirectly, from factoring transactions or discounting
8        transactions; (3) royalty, patent, technical, and
9        copyright fees; (4) licensing fees; and (5) other
10        similar expenses and costs. For purposes of this
11        subparagraph, "intangible property" includes patents,
12        patent applications, trade names, trademarks, service
13        marks, copyrights, mask works, trade secrets, and
14        similar types of intangible assets;
15            For taxable years ending on or after December 31,
16        2025, this paragraph shall not apply to the following:
17                (i) any item of intangible expenses or costs
18            paid, accrued, or incurred, directly or
19            indirectly, from a transaction with a person who
20            is subject in a foreign country or state, other
21            than a state which requires mandatory unitary
22            reporting, to a tax on or measured by net income
23            with respect to such item; or
24                (ii) any item of intangible expense or cost
25            paid, accrued, or incurred, directly or
26            indirectly, if the taxpayer can establish, based

 

 

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1            on a preponderance of the evidence, both of the
2            following:
3                    (a) the person during the same taxable
4                year paid, accrued, or incurred, the
5                intangible expense or cost to a person that is
6                not a related member, and
7                    (b) the transaction giving rise to the
8                intangible expense or cost between the
9                taxpayer and the person did not have as a
10                principal purpose the avoidance of Illinois
11                income tax, and is paid pursuant to a contract
12                or agreement that reflects arm's-length terms;
13                or
14                (iii) any item of intangible expense or cost
15            paid, accrued, or incurred, directly or
16            indirectly, from a transaction with a person if
17            the taxpayer establishes by clear and convincing
18            evidence, that the adjustments are unreasonable;
19            or if the taxpayer and the Director agree in
20            writing to the application or use of an
21            alternative method of apportionment under Section
22            304(f);
23            For taxable years ending on or after December 31,
24        2025, this paragraph shall not apply to the following:
25                (i) any item of intangible expense or cost
26            paid, accrued, or incurred, directly or

 

 

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1            indirectly, if the taxpayer can establish, based
2            on a preponderance of the evidence, both of the
3            following:
4                    (a) the person during the same taxable
5                year paid, accrued, or incurred, the
6                intangible expense or cost to a person that is
7                not a related member, and
8                    (b) the transaction giving rise to the
9                intangible expense or cost between the
10                taxpayer and the person did not have as a
11                principal purpose the avoidance of Illinois
12                income tax, and is paid pursuant to a contract
13                or agreement that reflects arm's-length terms;
14                or
15                (ii) any item of intangible expense or cost
16            paid, accrued, or incurred, directly or
17            indirectly, from a transaction with a person if
18            the taxpayer establishes by clear and convincing
19            evidence, that the adjustments are unreasonable;
20            or if the taxpayer and the Director agree in
21            writing to the application or use of an
22            alternative method of apportionment under Section
23            304(f).
24            Nothing in this subsection shall preclude the
25        Director from making any other adjustment otherwise
26        allowed under Section 404 of this Act for any tax year

 

 

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1        beginning after the effective date of this amendment
2        provided such adjustment is made pursuant to
3        regulation adopted by the Department and such
4        regulations provide methods and standards by which the
5        Department will utilize its authority under Section
6        404 of this Act;
7            (D-9) For taxable years ending on or after
8        December 31, 2008, an amount equal to the amount of
9        insurance premium expenses and costs otherwise allowed
10        as a deduction in computing base income, and that were
11        paid, accrued, or incurred, directly or indirectly, to
12        a person who would be a member of the same unitary
13        business group but for the fact that the person is
14        prohibited under Section 1501(a)(27) from being
15        included in the unitary business group because he or
16        she is ordinarily required to apportion business
17        income under different subsections of Section 304. The
18        addition modification required by this subparagraph
19        shall be reduced to the extent that dividends were
20        included in base income of the unitary group for the
21        same taxable year and received by the taxpayer or by a
22        member of the taxpayer's unitary business group
23        (including amounts included in gross income under
24        Sections 951 through 964 of the Internal Revenue Code
25        and amounts included in gross income under Section 78
26        of the Internal Revenue Code) with respect to the

 

 

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1        stock of the same person to whom the premiums and costs
2        were directly or indirectly paid, incurred, or
3        accrued. The preceding sentence does not apply to the
4        extent that the same dividends caused a reduction to
5        the addition modification required under Section
6        203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
7            (D-10) An amount equal to the credit allowable to
8        the taxpayer under Section 218(a) of this Act,
9        determined without regard to Section 218(c) of this
10        Act;
11            (D-11) For taxable years ending on or after
12        December 31, 2017, an amount equal to the deduction
13        allowed under Section 199 of the Internal Revenue Code
14        for the taxable year;
15            (D-12) the amount that is claimed as a federal
16        deduction when computing the taxpayer's federal
17        taxable income for the taxable year and that is
18        attributable to an endowment gift for which the
19        taxpayer receives a credit under the Illinois Gives
20        Tax Credit Act;
21    and by deducting from the total so obtained the following
22    amounts:
23            (E) The valuation limitation amount;
24            (F) An amount equal to the amount of any tax
25        imposed by this Act which was refunded to the taxpayer
26        and included in such total for the taxable year;

 

 

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1            (G) An amount equal to all amounts included in
2        taxable income as modified by subparagraphs (A), (B),
3        (C) and (D) which are exempt from taxation by this
4        State either by reason of its statutes or Constitution
5        or by reason of the Constitution, treaties or statutes
6        of the United States; provided that, in the case of any
7        statute of this State that exempts income derived from
8        bonds or other obligations from the tax imposed under
9        this Act, the amount exempted shall be the interest
10        net of bond premium amortization;
11            (H) Any income of the partnership which
12        constitutes personal service income as defined in
13        Section 1348(b)(1) of the Internal Revenue Code (as in
14        effect December 31, 1981) or a reasonable allowance
15        for compensation paid or accrued for services rendered
16        by partners to the partnership, whichever is greater;
17        this subparagraph (H) is exempt from the provisions of
18        Section 250;
19            (I) An amount equal to all amounts of income
20        distributable to an entity subject to the Personal
21        Property Tax Replacement Income Tax imposed by
22        subsections (c) and (d) of Section 201 of this Act
23        including amounts distributable to organizations
24        exempt from federal income tax by reason of Section
25        501(a) of the Internal Revenue Code; this subparagraph
26        (I) is exempt from the provisions of Section 250;

 

 

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1            (J) With the exception of any amounts subtracted
2        under subparagraph (G), an amount equal to the sum of
3        all amounts disallowed as deductions by (i) Sections
4        171(a)(2) and 265(a)(2) of the Internal Revenue Code,
5        and all amounts of expenses allocable to interest and
6        disallowed as deductions by Section 265(a)(1) of the
7        Internal Revenue Code; and (ii) for taxable years
8        ending on or after August 13, 1999, Sections
9        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
10        Internal Revenue Code, plus, (iii) for taxable years
11        ending on or after December 31, 2011, Section
12        45G(e)(3) of the Internal Revenue Code and, for
13        taxable years ending on or after December 31, 2008,
14        any amount included in gross income under Section 87
15        of the Internal Revenue Code; the provisions of this
16        subparagraph are exempt from the provisions of Section
17        250;
18            (K) An amount equal to those dividends included in
19        such total which were paid by a corporation which
20        conducts business operations in a River Edge
21        Redevelopment Zone or zones created under the River
22        Edge Redevelopment Zone Act and conducts substantially
23        all of its operations from a River Edge Redevelopment
24        Zone or zones. This subparagraph (K) is exempt from
25        the provisions of Section 250;
26            (L) An amount equal to any contribution made to a

 

 

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1        job training project established pursuant to the Real
2        Property Tax Increment Allocation Redevelopment Act;
3            (M) An amount equal to those dividends included in
4        such total that were paid by a corporation that
5        conducts business operations in a federally designated
6        Foreign Trade Zone or Sub-Zone and that is designated
7        a High Impact Business located in Illinois; provided
8        that dividends eligible for the deduction provided in
9        subparagraph (K) of paragraph (2) of this subsection
10        shall not be eligible for the deduction provided under
11        this subparagraph (M);
12            (N) An amount equal to the amount of the deduction
13        used to compute the federal income tax credit for
14        restoration of substantial amounts held under claim of
15        right for the taxable year pursuant to Section 1341 of
16        the Internal Revenue Code;
17            (O) For taxable years 2001 and thereafter, for the
18        taxable year in which the bonus depreciation deduction
19        is taken on the taxpayer's federal income tax return
20        under subsection (k) or (n) of Section 168 of the
21        Internal Revenue Code and for each applicable taxable
22        year thereafter, an amount equal to "x", where:
23                (1) "y" equals the amount of the depreciation
24            deduction taken for the taxable year on the
25            taxpayer's federal income tax return on property
26            for which the bonus depreciation deduction was

 

 

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1            taken in any year under subsection (k) or (n) of
2            Section 168 of the Internal Revenue Code, but not
3            including the bonus depreciation deduction;
4                (2) for taxable years ending on or before
5            December 31, 2005, "x" equals "y" multiplied by 30
6            and then divided by 70 (or "y" multiplied by
7            0.429); and
8                (3) for taxable years ending after December
9            31, 2005:
10                    (i) for property on which a bonus
11                depreciation deduction of 30% of the adjusted
12                basis was taken, "x" equals "y" multiplied by
13                30 and then divided by 70 (or "y" multiplied
14                by 0.429);
15                    (ii) for property on which a bonus
16                depreciation deduction of 50% of the adjusted
17                basis was taken, "x" equals "y" multiplied by
18                1.0;
19                    (iii) for property on which a bonus
20                depreciation deduction of 100% of the adjusted
21                basis was taken in a taxable year ending on or
22                after December 31, 2021, "x" equals the
23                depreciation deduction that would be allowed
24                on that property if the taxpayer had made the
25                election under Section 168(k)(7) or Section
26                168(n)(6) of the Internal Revenue Code to not

 

 

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1                claim bonus depreciation on that property; and
2                    (iv) for property on which a bonus
3                depreciation deduction of a percentage other
4                than 30%, 50% or 100% of the adjusted basis
5                was taken in a taxable year ending on or after
6                December 31, 2021, "x" equals "y" multiplied
7                by 100 times the percentage bonus depreciation
8                on the property (that is, 100(bonus%)) and
9                then divided by 100 times 1 minus the
10                percentage bonus depreciation on the property
11                (that is, 100(1-bonus%)).
12            The aggregate amount deducted under this
13        subparagraph in all taxable years for any one piece of
14        property may not exceed the amount of the bonus
15        depreciation deduction taken on that property on the
16        taxpayer's federal income tax return under subsection
17        (k) or (n) of Section 168 of the Internal Revenue Code.
18        This subparagraph (O) is exempt from the provisions of
19        Section 250;
20            (P) If the taxpayer sells, transfers, abandons, or
21        otherwise disposes of property for which the taxpayer
22        was required in any taxable year to make an addition
23        modification under subparagraph (D-5), then an amount
24        equal to that addition modification.
25            If the taxpayer continues to own property through
26        the last day of the last tax year for which a

 

 

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1        subtraction is allowed with respect to that property
2        under subparagraph (O) and for which the taxpayer was
3        required in any taxable year to make an addition
4        modification under subparagraph (D-5), then an amount
5        equal to that addition modification.
6            The taxpayer is allowed to take the deduction
7        under this subparagraph only once with respect to any
8        one piece of property.
9            This subparagraph (P) is exempt from the
10        provisions of Section 250;
11            (Q) The amount of (i) any interest income (net of
12        the deductions allocable thereto) taken into account
13        for the taxable year with respect to a transaction
14        with a taxpayer that is required to make an addition
15        modification with respect to such transaction under
16        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
17        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
18        the amount of such addition modification and (ii) any
19        income from intangible property (net of the deductions
20        allocable thereto) taken into account for the taxable
21        year with respect to a transaction with a taxpayer
22        that is required to make an addition modification with
23        respect to such transaction under Section
24        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
25        203(d)(2)(D-8), but not to exceed the amount of such
26        addition modification. This subparagraph (Q) is exempt

 

 

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1        from Section 250;
2            (R) An amount equal to the interest income taken
3        into account for the taxable year (net of the
4        deductions allocable thereto) with respect to
5        transactions with (i) a foreign person who would be a
6        member of the taxpayer's unitary business group but
7        for the fact that the foreign person's business
8        activity outside the United States is 80% or more of
9        that person's total business activity and (ii) for
10        taxable years ending on or after December 31, 2008, to
11        a person who would be a member of the same unitary
12        business group but for the fact that the person is
13        prohibited under Section 1501(a)(27) from being
14        included in the unitary business group because he or
15        she is ordinarily required to apportion business
16        income under different subsections of Section 304, but
17        not to exceed the addition modification required to be
18        made for the same taxable year under Section
19        203(d)(2)(D-7) for interest paid, accrued, or
20        incurred, directly or indirectly, to the same person.
21        This subparagraph (R) is exempt from Section 250;
22            (S) An amount equal to the income from intangible
23        property taken into account for the taxable year (net
24        of the deductions allocable thereto) with respect to
25        transactions with (i) a foreign person who would be a
26        member of the taxpayer's unitary business group but

 

 

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1        for the fact that the foreign person's business
2        activity outside the United States is 80% or more of
3        that person's total business activity and (ii) for
4        taxable years ending on or after December 31, 2008, to
5        a person who would be a member of the same unitary
6        business group but for the fact that the person is
7        prohibited under Section 1501(a)(27) from being
8        included in the unitary business group because he or
9        she is ordinarily required to apportion business
10        income under different subsections of Section 304, but
11        not to exceed the addition modification required to be
12        made for the same taxable year under Section
13        203(d)(2)(D-8) for intangible expenses and costs paid,
14        accrued, or incurred, directly or indirectly, to the
15        same person. This subparagraph (S) is exempt from
16        Section 250;
17            (T) For taxable years ending on or after December
18        31, 2011, in the case of a taxpayer who was required to
19        add back any insurance premiums under Section
20        203(d)(2)(D-9), such taxpayer may elect to subtract
21        that part of a reimbursement received from the
22        insurance company equal to the amount of the expense
23        or loss (including expenses incurred by the insurance
24        company) that would have been taken into account as a
25        deduction for federal income tax purposes if the
26        expense or loss had been uninsured. If a taxpayer

 

 

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1        makes the election provided for by this subparagraph
2        (T), the insurer to which the premiums were paid must
3        add back to income the amount subtracted by the
4        taxpayer pursuant to this subparagraph (T). This
5        subparagraph (T) is exempt from the provisions of
6        Section 250; and
7            (U) For taxable years beginning on or after
8        January 1, 2023, for any cannabis establishment
9        operating in this State and licensed under the
10        Cannabis Regulation and Tax Act or any cannabis
11        cultivation center or medical cannabis dispensing
12        organization operating in this State and licensed
13        under the Compassionate Use of Medical Cannabis
14        Program Act, an amount equal to the deductions that
15        were disallowed under Section 280E of the Internal
16        Revenue Code for the taxable year and that would not be
17        added back under this subsection. The provisions of
18        this subparagraph (U) are exempt from the provisions
19        of Section 250; and .
20            (V) An amount equal to: the interest on bonds
21        issued under the Municipal Stadium Authority Act; the
22        proceeds received by a holder from the sale of those
23        bonds to the extent of the holder's cost of
24        acquisition; proceeds received upon redemption of
25        those bonds before maturity; proceeds received at
26        maturity of those bonds; and the receipt of interest

 

 

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1        in proceeds from those bonds. This subparagraph (V) is
2        exempt from the provisions of Section 250.
 
3    (e) Gross income; adjusted gross income; taxable income.
4        (1) In general. Subject to the provisions of paragraph
5    (2) and subsection (b)(3), for purposes of this Section
6    and Section 803(e), a taxpayer's gross income, adjusted
7    gross income, or taxable income for the taxable year shall
8    mean the amount of gross income, adjusted gross income or
9    taxable income properly reportable for federal income tax
10    purposes for the taxable year under the provisions of the
11    Internal Revenue Code. Taxable income may be less than
12    zero. However, for taxable years ending on or after
13    December 31, 1986, net operating loss carryforwards from
14    taxable years ending prior to December 31, 1986, may not
15    exceed the sum of federal taxable income for the taxable
16    year before net operating loss deduction, plus the excess
17    of addition modifications over subtraction modifications
18    for the taxable year. For taxable years ending prior to
19    December 31, 1986, taxable income may never be an amount
20    in excess of the net operating loss for the taxable year as
21    defined in subsections (c) and (d) of Section 172 of the
22    Internal Revenue Code, provided that when taxable income
23    of a corporation (other than a Subchapter S corporation),
24    trust, or estate is less than zero and addition
25    modifications, other than those provided by subparagraph

 

 

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1    (E) of paragraph (2) of subsection (b) for corporations or
2    subparagraph (E) of paragraph (2) of subsection (c) for
3    trusts and estates, exceed subtraction modifications, an
4    addition modification must be made under those
5    subparagraphs for any other taxable year to which the
6    taxable income less than zero (net operating loss) is
7    applied under Section 172 of the Internal Revenue Code or
8    under subparagraph (E) of paragraph (2) of this subsection
9    (e) applied in conjunction with Section 172 of the
10    Internal Revenue Code.
11        (2) Special rule. For purposes of paragraph (1) of
12    this subsection, the taxable income properly reportable
13    for federal income tax purposes shall mean:
14            (A) Certain life insurance companies. In the case
15        of a life insurance company subject to the tax imposed
16        by Section 801 of the Internal Revenue Code, life
17        insurance company taxable income, plus the amount of
18        distribution from pre-1984 policyholder surplus
19        accounts as calculated under Section 815a of the
20        Internal Revenue Code;
21            (B) Certain other insurance companies. In the case
22        of mutual insurance companies subject to the tax
23        imposed by Section 831 of the Internal Revenue Code,
24        insurance company taxable income;
25            (C) Regulated investment companies. In the case of
26        a regulated investment company subject to the tax

 

 

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1        imposed by Section 852 of the Internal Revenue Code,
2        investment company taxable income;
3            (D) Real estate investment trusts. In the case of
4        a real estate investment trust subject to the tax
5        imposed by Section 857 of the Internal Revenue Code,
6        real estate investment trust taxable income;
7            (E) Consolidated corporations. In the case of a
8        corporation which is a member of an affiliated group
9        of corporations filing a consolidated income tax
10        return for the taxable year for federal income tax
11        purposes, taxable income determined as if such
12        corporation had filed a separate return for federal
13        income tax purposes for the taxable year and each
14        preceding taxable year for which it was a member of an
15        affiliated group. For purposes of this subparagraph,
16        the taxpayer's separate taxable income shall be
17        determined as if the election provided by Section
18        243(b)(2) of the Internal Revenue Code had been in
19        effect for all such years;
20            (F) Cooperatives. In the case of a cooperative
21        corporation or association, the taxable income of such
22        organization determined in accordance with the
23        provisions of Section 1381 through 1388 of the
24        Internal Revenue Code, but without regard to the
25        prohibition against offsetting losses from patronage
26        activities against income from nonpatronage

 

 

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1        activities; except that a cooperative corporation or
2        association may make an election to follow its federal
3        income tax treatment of patronage losses and
4        nonpatronage losses. In the event such election is
5        made, such losses shall be computed and carried over
6        in a manner consistent with subsection (a) of Section
7        207 of this Act and apportioned by the apportionment
8        factor reported by the cooperative on its Illinois
9        income tax return filed for the taxable year in which
10        the losses are incurred. The election shall be
11        effective for all taxable years with original returns
12        due on or after the date of the election. In addition,
13        the cooperative may file an amended return or returns,
14        as allowed under this Act, to provide that the
15        election shall be effective for losses incurred or
16        carried forward for taxable years occurring prior to
17        the date of the election. Once made, the election may
18        only be revoked upon approval of the Director. The
19        Department shall adopt rules setting forth
20        requirements for documenting the elections and any
21        resulting Illinois net loss and the standards to be
22        used by the Director in evaluating requests to revoke
23        elections. Public Act 96-932 is declaratory of
24        existing law;
25            (G) Subchapter S corporations. In the case of: (i)
26        a Subchapter S corporation for which there is in

 

 

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1        effect an election for the taxable year under Section
2        1362 of the Internal Revenue Code, the taxable income
3        of such corporation determined in accordance with
4        Section 1363(b) of the Internal Revenue Code, except
5        that taxable income shall take into account those
6        items which are required by Section 1363(b)(1) of the
7        Internal Revenue Code to be separately stated; and
8        (ii) a Subchapter S corporation for which there is in
9        effect a federal election to opt out of the provisions
10        of the Subchapter S Revision Act of 1982 and have
11        applied instead the prior federal Subchapter S rules
12        as in effect on July 1, 1982, the taxable income of
13        such corporation determined in accordance with the
14        federal Subchapter S rules as in effect on July 1,
15        1982; and
16            (H) Partnerships. In the case of a partnership,
17        taxable income determined in accordance with Section
18        703 of the Internal Revenue Code, except that taxable
19        income shall take into account those items which are
20        required by Section 703(a)(1) to be separately stated
21        but which would be taken into account by an individual
22        in calculating his taxable income.
23        (3) Recapture of business expenses on disposition of
24    asset or business. Notwithstanding any other law to the
25    contrary, if in prior years income from an asset or
26    business has been classified as business income and in a

 

 

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1    later year is demonstrated to be non-business income, then
2    all expenses, without limitation, deducted in such later
3    year and in the 2 immediately preceding taxable years
4    related to that asset or business that generated the
5    non-business income shall be added back and recaptured as
6    business income in the year of the disposition of the
7    asset or business. Such amount shall be apportioned to
8    Illinois using the greater of the apportionment fraction
9    computed for the business under Section 304 of this Act
10    for the taxable year or the average of the apportionment
11    fractions computed for the business under Section 304 of
12    this Act for the taxable year and for the 2 immediately
13    preceding taxable years.
 
14    (f) Valuation limitation amount.
15        (1) In general. The valuation limitation amount
16    referred to in subsections (a)(2)(G), (c)(2)(I) and
17    (d)(2)(E) is an amount equal to:
18            (A) The sum of the pre-August 1, 1969 appreciation
19        amounts (to the extent consisting of gain reportable
20        under the provisions of Section 1245 or 1250 of the
21        Internal Revenue Code) for all property in respect of
22        which such gain was reported for the taxable year;
23        plus
24            (B) The lesser of (i) the sum of the pre-August 1,
25        1969 appreciation amounts (to the extent consisting of

 

 

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1        capital gain) for all property in respect of which
2        such gain was reported for federal income tax purposes
3        for the taxable year, or (ii) the net capital gain for
4        the taxable year, reduced in either case by any amount
5        of such gain included in the amount determined under
6        subsection (a)(2)(F) or (c)(2)(H).
7        (2) Pre-August 1, 1969 appreciation amount.
8            (A) If the fair market value of property referred
9        to in paragraph (1) was readily ascertainable on
10        August 1, 1969, the pre-August 1, 1969 appreciation
11        amount for such property is the lesser of (i) the
12        excess of such fair market value over the taxpayer's
13        basis (for determining gain) for such property on that
14        date (determined under the Internal Revenue Code as in
15        effect on that date), or (ii) the total gain realized
16        and reportable for federal income tax purposes in
17        respect of the sale, exchange or other disposition of
18        such property.
19            (B) If the fair market value of property referred
20        to in paragraph (1) was not readily ascertainable on
21        August 1, 1969, the pre-August 1, 1969 appreciation
22        amount for such property is that amount which bears
23        the same ratio to the total gain reported in respect of
24        the property for federal income tax purposes for the
25        taxable year, as the number of full calendar months in
26        that part of the taxpayer's holding period for the

 

 

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1        property ending July 31, 1969 bears to the number of
2        full calendar months in the taxpayer's entire holding
3        period for the property.
4            (C) The Department shall prescribe such
5        regulations as may be necessary to carry out the
6        purposes of this paragraph.
 
7    (g) Double deductions. Unless specifically provided
8otherwise, nothing in this Section shall permit the same item
9to be deducted more than once.
 
10    (h) Legislative intention. Except as expressly provided by
11this Section there shall be no modifications or limitations on
12the amounts of income, gain, loss or deduction taken into
13account in determining gross income, adjusted gross income or
14taxable income for federal income tax purposes for the taxable
15year, or in the amount of such items entering into the
16computation of base income and net income under this Act for
17such taxable year, whether in respect of property values as of
18August 1, 1969 or otherwise.
19(Source: P.A. 103-8, eff. 6-7-23; 103-478, eff. 1-1-24;
20103-592, Article 10, Section 10-900, eff. 6-7-24; 103-592,
21Article 170, Section 170-90, eff. 6-7-24; 103-605, eff.
227-1-24; 103-647, eff. 7-1-24; 104-6, eff. 6-16-25; 104-417,
23eff. 8-15-25; 104-453, eff. 12-12-25.)
 

 

 

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1    Section 1-905. The Property Tax Code is amended by adding
2Section 15-61 as follows:
 
3    (35 ILCS 200/15-61 new)
4    Sec. 15-61. Municipal Stadium Authority Act. Any facility
5or complex of facilities that is owned by or leased to or by a
6municipal stadium authority under the Municipal Stadium
7Authority Act and is used to hold a professional sporting
8event, or any capital improvement that is owned by the
9municipal stadium authority, is exempt from taxation under
10this Code.".
 
11
ARTICLE 20

 
12    Section 20-5. The Department of Transportation Law of the
13Civil Administrative Code of Illinois is amended by adding
14Sections 2705-635 and 2705-640 as follows:
 
15    (20 ILCS 2705/2705-635 new)
16    Sec. 2705-635. Traffic study; professional sports complex.
17Before a municipal stadium authority may issue revenue bonds
18to fund the development of, or begin construction on
19development of a facility, stadium, arena, or other structure
20meant for the purpose of holding professional sports contests,
21the Department shall (i) conduct a traffic study of vehicle
22ingress and egress that covers a 15-mile radius around the

 

 

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1proposed site and (ii) make recommendations on how to improve
2traffic flow and fund such improvements. The study shall
3include, but not be limited to, consideration of alternative
4geometric design improvements, traffic control devices, and
5any other improvements that the Department deems necessary to
6improve traffic flow at the location. If appropriate, the
7Department shall conduct analyses and identify potential
8actions to increase traffic safety, which may include, but are
9not limited to, modifications to street design and
10infrastructure. In conducting analyses and in identifying
11potential actions, the Department shall coordinate with any
12impacted unit of local government and any other department,
13agency, or organization deemed relevant by the Department. The
14Department shall conduct and complete the study within one
15year of receipt of notice from the municipal stadium authority
16that is has entered into an agreement with a professional
17sports team for the construction or development of a facility,
18stadium, arena, or other structure meant for the purpose of
19holding professional sports contests.
 
20    (20 ILCS 2705/2705-640 new)
21    Sec. 2705-640. Traffic study; Soldier Field. The
22Department shall (i) conduct a traffic study of vehicle
23ingress and egress from Soldier Field and (ii) make
24recommendations on how to improve traffic flow and fund those
25improvements in its next master plan report. The study shall

 

 

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1include, but shall not be limited to, consideration of
2alternative geometric design improvements, traffic control
3devices, and any other improvements that the Department deems
4necessary to improve traffic flow at the location. If
5appropriate, the Department shall conduct analyses and
6identify potential actions to increase traffic safety,
7including, but not limited to, modifications to street design
8and infrastructure. In conducting analyses and in identifying
9potential actions, the Department shall coordinate with any
10other department, agency, or organization deemed relevant by
11the Department.".