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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Homecare Option Program for the Elderly Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Depositor" means any person making a payment, | ||||||
8 | contribution, gift, endowment, or other deposit to the trust | ||||||
9 | pursuant to a participation agreement.
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10 | "Designated beneficiary" means any individual who enters | ||||||
11 | into a participation agreement or is subsequently designated as | ||||||
12 | a spouse of the designated beneficiary.
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13 | "Eligible home care provider" means (i) a provider licensed | ||||||
14 | in Illinois to perform home services, (ii) licensed | ||||||
15 | transportation services, or (iii) a personal care assistant.
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16 | "Instrumental activities of daily living" means activities | ||||||
17 | related to independent living necessary to maintain an | ||||||
18 | individual in his or her home or other noninstitutional | ||||||
19 | setting, and includes, but is not limited to, adult day care, | ||||||
20 | personal assistant services, companion services, meal | ||||||
21 | preparation or home-delivered meals, transportation services, | ||||||
22 | and home care aide services.
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23 | "Participation agreement" means the agreement between the |
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1 | trust and depositors for participation in a savings plan for a | ||||||
2 | designated beneficiary.
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3 | "Qualified home care expenses" means the cost of services | ||||||
4 | performed by an eligible home care provider for the | ||||||
5 | instrumental activities of daily living, and the cost of any | ||||||
6 | other service recommended by a physician and provided by an | ||||||
7 | eligible home care provider.
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8 | "Trust" means the Homecare Trust Fund.
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9 | Section 10. Program established. | ||||||
10 | (a) The Homecare Option Program for the Elderly is | ||||||
11 | established for the purpose of allowing individuals to plan for | ||||||
12 | the cost of services that will allow them to remain in their | ||||||
13 | homes or in a noninstitutional setting as they age. An | ||||||
14 | individual may create an individual savings account for this | ||||||
15 | purpose, in accordance with terms prescribed by the State | ||||||
16 | Treasurer. | ||||||
17 | (b) The State Treasurer shall establish the Homecare Trust | ||||||
18 | Fund, which shall be comprised of individual savings accounts | ||||||
19 | for those qualified home care expenses not covered by a | ||||||
20 | long-term care insurance policy and for those qualified home | ||||||
21 | care expenses that supplement the coverage provided by a | ||||||
22 | long-term care policy or Medicare. Withdrawals from the fund | ||||||
23 | may be used for qualified home care expenses, upon receipt by | ||||||
24 | the fund of a physician's certification that the designated | ||||||
25 | beneficiary is in need of services for the instrumental |
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1 | activities of daily living. Upon the death of a designated | ||||||
2 | beneficiary, any available funds in the beneficiary's account | ||||||
3 | shall be an asset of the estate of the beneficiary. | ||||||
4 | Section 15. Treasurer's powers with respect to trust. The | ||||||
5 | State Treasurer, on behalf of the trust and for purposes of the | ||||||
6 | trust, may do the following:
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7 | (1) Receive and invest moneys in the trust in any | ||||||
8 | instruments, obligations, securities, or property in | ||||||
9 | accordance with Section 20. | ||||||
10 | (2) Procure insurance in connection with the trust's | ||||||
11 | property, assets, activities, or deposits or contributions | ||||||
12 | to the trust. | ||||||
13 | (3) Establish one or more funds within the trust and | ||||||
14 | maintain separate accounts for each designated | ||||||
15 | beneficiary. | ||||||
16 | (4) Enter into one or more contractual agreements, | ||||||
17 | including contracts for legal, actuarial, accounting, | ||||||
18 | custodial, advisory, management, administrative, | ||||||
19 | advertising, marketing, and consulting services, for the | ||||||
20 | trust and pay for those services from the gains and | ||||||
21 | earnings of the trust. | ||||||
22 | (5) Apply for, accept, and expend gifts, grants, or | ||||||
23 | donations from public or private sources to enable the | ||||||
24 | trust to carry out its objectives. | ||||||
25 | (6) Adopt rules to implement this Act. |
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1 | (7) Sue and be sued. | ||||||
2 | (8) Take any other action necessary to carry out the | ||||||
3 | purposes of this Act and incidental to the duties imposed | ||||||
4 | on the Treasurer pursuant to this Act.
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5 | Section 20. Investment of trust amounts. The State | ||||||
6 | Treasurer shall invest the amounts on deposit in the trust in a | ||||||
7 | manner reasonable and appropriate to achieve the objectives of | ||||||
8 | the trust, exercising the discretion and care of a prudent | ||||||
9 | person in similar circumstances with similar objectives. The | ||||||
10 | Treasurer shall give due consideration to rate of return, risk, | ||||||
11 | term or maturity, diversification of the total portfolio within | ||||||
12 | the trust, liquidity, the projected disbursements and | ||||||
13 | expenditures, and the expected payments, deposits, | ||||||
14 | contributions, and gifts to be received. The Treasurer shall | ||||||
15 | not require the trust to invest directly in obligations of the | ||||||
16 | State or any political subdivision of the State or in any | ||||||
17 | investment or other fund administered by the Treasurer. The | ||||||
18 | assets of the trust shall be continuously invested and | ||||||
19 | reinvested in a manner consistent with the objectives of the | ||||||
20 | trust until disbursed for qualified home care expenses, | ||||||
21 | expended on expenses incurred by the operations of the trust, | ||||||
22 | or refunded to the depositor or designated beneficiary on the | ||||||
23 | conditions provided in the participation agreement. | ||||||
24 | Section 25. Participation agreement terms. The State |
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1 | Treasurer, on behalf of the trust and for purposes of the | ||||||
2 | trust, may establish consistent terms for each participation | ||||||
3 | agreement, bulk deposit, coupon or installment payments, | ||||||
4 | including, but not limited to, the following: | ||||||
5 | (1) The method of payment into the trust by payroll | ||||||
6 | deduction, transfer from bank accounts, or otherwise. | ||||||
7 | (2) The termination, withdrawal, or transfer of | ||||||
8 | payments under the trust, including transfers to an | ||||||
9 | eligible home care provider. | ||||||
10 | (3) Penalties for distributions not used or made in | ||||||
11 | accordance with this Act. | ||||||
12 | (4) Changing the identity of the designated | ||||||
13 | beneficiary. | ||||||
14 | (5) Any charges or fees in connection with the | ||||||
15 | administration of the trust. | ||||||
16 | Section 30. Illinois Securities Law of 1953; federal | ||||||
17 | securities laws. Participation in the trust and the offering | ||||||
18 | and solicitation of the trust are exempt from provisions of the | ||||||
19 | Illinois Securities Law of 1953 as provided in that Law. The | ||||||
20 | State Treasurer shall obtain written advice of counsel or | ||||||
21 | written advice from the Securities Exchange Commission, or | ||||||
22 | both, that the trust and the offering of participation in the | ||||||
23 | trust are not subject to federal securities laws. | ||||||
24 | Section 35. State's pledge. The State pledges to |
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1 | depositors, designated beneficiaries, and any party who enters | ||||||
2 | into contracts with the trust, pursuant to the provisions of | ||||||
3 | this Act, that the State will not limit or alter the rights | ||||||
4 | under this Act vested in the trust or contract with the trust | ||||||
5 | until such obligations are fully met and discharged and such | ||||||
6 | contracts are fully performed on the part of the trust. Nothing | ||||||
7 | in this Section shall preclude such limitation or alteration if | ||||||
8 | adequate provision is made by law for the protection of such | ||||||
9 | depositors and designated beneficiaries pursuant to the | ||||||
10 | obligations of the trust or parties who entered into such | ||||||
11 | contracts with the trust. The trust, on behalf of the State, | ||||||
12 | may include this pledge and undertaking for the State in | ||||||
13 | participation agreements and such other obligations or | ||||||
14 | contracts. | ||||||
15 | Section 92. The Illinois Income Tax Act is amended by | ||||||
16 | changing Section 203 as follows:
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17 | (35 ILCS 5/203) (from Ch. 120, par. 2-203)
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18 | Sec. 203. Base income defined.
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19 | (a) Individuals.
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20 | (1) In general. In the case of an individual, base | ||||||
21 | income means an
amount equal to the taxpayer's adjusted | ||||||
22 | gross income for the taxable
year as modified by paragraph | ||||||
23 | (2).
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24 | (2) Modifications. The adjusted gross income referred |
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1 | to in
paragraph (1) shall be modified by adding thereto the | ||||||
2 | sum of the
following amounts:
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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 adjusted gross income, except | ||||||
7 | stock
dividends of qualified public utilities | ||||||
8 | described in Section 305(e) of the
Internal Revenue | ||||||
9 | Code;
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10 | (B) An amount equal to the amount of tax imposed by | ||||||
11 | this Act to the
extent deducted from gross income in | ||||||
12 | the computation of adjusted gross
income for the | ||||||
13 | taxable year;
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14 | (C) An amount equal to the amount received during | ||||||
15 | the taxable year
as a recovery or refund of real | ||||||
16 | property taxes paid with respect to the
taxpayer's | ||||||
17 | principal residence under the Revenue Act of
1939 and | ||||||
18 | for which a deduction was previously taken under | ||||||
19 | subparagraph (L) of
this paragraph (2) prior to July 1, | ||||||
20 | 1991, the retrospective application date of
Article 4 | ||||||
21 | of Public Act 87-17. In the case of multi-unit or | ||||||
22 | multi-use
structures and farm dwellings, the taxes on | ||||||
23 | the taxpayer's principal residence
shall be that | ||||||
24 | portion of the total taxes for the entire property | ||||||
25 | which is
attributable to such principal residence;
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26 | (D) An amount equal to the amount of the capital |
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1 | gain deduction
allowable under the Internal Revenue | ||||||
2 | Code, to the extent deducted from gross
income in the | ||||||
3 | computation of adjusted gross income;
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4 | (D-5) An amount, to the extent not included in | ||||||
5 | adjusted gross income,
equal to the amount of money | ||||||
6 | withdrawn by the taxpayer in the taxable year from
a | ||||||
7 | medical care savings account and the interest earned on | ||||||
8 | the account in the
taxable year of a withdrawal | ||||||
9 | pursuant to subsection (b) of Section 20 of the
Medical | ||||||
10 | Care Savings Account Act or subsection (b) of Section | ||||||
11 | 20 of the
Medical Care Savings Account Act of 2000;
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12 | (D-10) For taxable years ending after December 31, | ||||||
13 | 1997, an
amount equal to any eligible remediation costs | ||||||
14 | that the individual
deducted in computing adjusted | ||||||
15 | gross income and for which the
individual claims a | ||||||
16 | credit under subsection (l) of Section 201;
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17 | (D-15) For taxable years 2001 and thereafter, an | ||||||
18 | amount equal to the
bonus depreciation deduction taken | ||||||
19 | on the taxpayer's federal income tax return for the | ||||||
20 | taxable
year under subsection (k) of Section 168 of the | ||||||
21 | Internal Revenue Code;
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22 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
23 | or otherwise disposes of property for which the | ||||||
24 | taxpayer was required in any taxable year to
make an | ||||||
25 | addition modification under subparagraph (D-15), then | ||||||
26 | an amount equal
to the aggregate amount of the |
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1 | deductions taken in all taxable
years under | ||||||
2 | subparagraph (Z) with respect to that property.
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3 | If the taxpayer continues to own property through | ||||||
4 | the last day of the last tax year for which the | ||||||
5 | taxpayer may claim a depreciation deduction for | ||||||
6 | federal income tax purposes and for which the taxpayer | ||||||
7 | was allowed in any taxable year to make a subtraction | ||||||
8 | modification under subparagraph (Z), then an amount | ||||||
9 | equal to that subtraction modification.
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10 | The taxpayer is required to make the addition | ||||||
11 | modification under this
subparagraph
only once with | ||||||
12 | respect to any one piece of property;
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13 | (D-17) An amount equal to the amount otherwise | ||||||
14 | allowed as a deduction in computing base income for | ||||||
15 | interest paid, accrued, or incurred, directly or | ||||||
16 | indirectly, (i) for taxable years ending on or after | ||||||
17 | December 31, 2004, to a foreign person who would be a | ||||||
18 | member of the same unitary business group but for the | ||||||
19 | fact that foreign person's business activity outside | ||||||
20 | the United States is 80% or more of the foreign | ||||||
21 | person's total business activity and (ii) for taxable | ||||||
22 | years ending on or after December 31, 2008, to a person | ||||||
23 | who would be a member of the same unitary business | ||||||
24 | group but for the fact that the person is prohibited | ||||||
25 | under Section 1501(a)(27) from being included in the | ||||||
26 | unitary business group because he or she is ordinarily |
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1 | required to apportion business income under different | ||||||
2 | subsections of Section 304. The addition modification | ||||||
3 | required by this subparagraph shall be reduced to the | ||||||
4 | extent that dividends were included in base income of | ||||||
5 | the unitary group for the same taxable year and | ||||||
6 | received by the taxpayer or by a member of the | ||||||
7 | taxpayer's unitary business group (including amounts | ||||||
8 | included in gross income under Sections 951 through 964 | ||||||
9 | of the Internal Revenue Code and amounts included in | ||||||
10 | gross income under Section 78 of the Internal Revenue | ||||||
11 | Code) with respect to the stock of the same person to | ||||||
12 | whom the interest was paid, accrued, or incurred. | ||||||
13 | This paragraph shall not apply to the following:
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14 | (i) an item of interest paid, accrued, or | ||||||
15 | incurred, directly or indirectly, to a person who | ||||||
16 | is subject in a foreign country or state, other | ||||||
17 | than a state which requires mandatory unitary | ||||||
18 | reporting, to a tax on or measured by net income | ||||||
19 | with respect to such interest; or | ||||||
20 | (ii) an item of interest paid, accrued, or | ||||||
21 | incurred, directly or indirectly, to a person if | ||||||
22 | the taxpayer can establish, based on a | ||||||
23 | preponderance of the evidence, both of the | ||||||
24 | following: | ||||||
25 | (a) the person, during the same taxable | ||||||
26 | year, paid, accrued, or incurred, the interest |
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1 | to a person that is not a related member, and | ||||||
2 | (b) the transaction giving rise to the | ||||||
3 | interest expense between the taxpayer and the | ||||||
4 | person did not have as a principal purpose the | ||||||
5 | avoidance of Illinois income tax, and is paid | ||||||
6 | pursuant to a contract or agreement that | ||||||
7 | reflects an arm's-length interest rate and | ||||||
8 | terms; or
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9 | (iii) the taxpayer can establish, based on | ||||||
10 | clear and convincing evidence, that the interest | ||||||
11 | paid, accrued, or incurred relates to a contract or | ||||||
12 | agreement entered into at arm's-length rates and | ||||||
13 | terms and the principal purpose for the payment is | ||||||
14 | not federal or Illinois tax avoidance; or
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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).
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22 | Nothing in this subsection shall preclude the | ||||||
23 | Director from making any other adjustment | ||||||
24 | otherwise allowed under Section 404 of this Act for | ||||||
25 | any tax year beginning after the effective date of | ||||||
26 | this amendment provided such adjustment is made |
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1 | pursuant to regulation adopted by the Department | ||||||
2 | and such regulations provide methods and standards | ||||||
3 | by which the Department will utilize its authority | ||||||
4 | under Section 404 of this Act;
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5 | (D-18) An amount equal to the amount of intangible | ||||||
6 | expenses and costs otherwise allowed as a deduction in | ||||||
7 | computing base income, and that were paid, accrued, or | ||||||
8 | incurred, directly or indirectly, (i) for taxable | ||||||
9 | years ending on or after December 31, 2004, to a | ||||||
10 | foreign person who would be a member of the same | ||||||
11 | unitary business group but for the fact that the | ||||||
12 | foreign person's business activity outside the United | ||||||
13 | States is 80% or more of that person's total business | ||||||
14 | activity and (ii) for taxable years ending on or after | ||||||
15 | December 31, 2008, to a person who would be a member of | ||||||
16 | the same unitary business group but for the fact that | ||||||
17 | the person is prohibited under Section 1501(a)(27) | ||||||
18 | from being included in the unitary business group | ||||||
19 | because he or she is ordinarily required to apportion | ||||||
20 | business income under different subsections of Section | ||||||
21 | 304. The addition modification required by this | ||||||
22 | subparagraph shall be reduced to the extent that | ||||||
23 | dividends were included in base income of the unitary | ||||||
24 | group for the same taxable year and received by the | ||||||
25 | taxpayer or by a member of the taxpayer's unitary | ||||||
26 | business group (including amounts included in gross |
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1 | income under Sections 951 through 964 of the Internal | ||||||
2 | Revenue Code and amounts included in gross income under | ||||||
3 | Section 78 of the Internal Revenue Code) with respect | ||||||
4 | to the stock of the same person to whom the intangible | ||||||
5 | expenses and costs were directly or indirectly paid, | ||||||
6 | incurred, or accrued. The preceding sentence does not | ||||||
7 | apply to the extent that the same dividends caused a | ||||||
8 | reduction to the addition modification required under | ||||||
9 | Section 203(a)(2)(D-17) of this Act. As used in this | ||||||
10 | subparagraph, the term "intangible expenses and costs" | ||||||
11 | includes (1) expenses, losses, and costs for, or | ||||||
12 | related to, the direct or indirect acquisition, use, | ||||||
13 | maintenance or management, ownership, sale, exchange, | ||||||
14 | or any other disposition of intangible property; (2) | ||||||
15 | losses incurred, directly or indirectly, from | ||||||
16 | factoring transactions or discounting transactions; | ||||||
17 | (3) royalty, patent, technical, and copyright fees; | ||||||
18 | (4) licensing fees; and (5) other similar expenses and | ||||||
19 | costs.
For purposes of this subparagraph, "intangible | ||||||
20 | property" includes patents, patent applications, trade | ||||||
21 | names, trademarks, service marks, copyrights, mask | ||||||
22 | works, trade secrets, and similar types of intangible | ||||||
23 | assets. | ||||||
24 | This paragraph shall not apply to the following: | ||||||
25 | (i) any item of intangible expenses or costs | ||||||
26 | paid, accrued, or incurred, directly or |
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1 | indirectly, from a transaction with a person who is | ||||||
2 | subject in a foreign country or state, other than a | ||||||
3 | state which requires mandatory unitary reporting, | ||||||
4 | to a tax on or measured by net income with respect | ||||||
5 | to such item; or | ||||||
6 | (ii) 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 | (iii) any item of intangible expense or cost | ||||||
23 | paid, accrued, or incurred, directly or | ||||||
24 | indirectly, from a transaction with a person if the | ||||||
25 | 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 alternative | ||||||
3 | method of apportionment under Section 304(f);
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4 | Nothing in this subsection shall preclude the | ||||||
5 | Director from making any other adjustment | ||||||
6 | otherwise allowed under Section 404 of this Act for | ||||||
7 | any tax year beginning after the effective date of | ||||||
8 | this amendment provided such adjustment is made | ||||||
9 | pursuant to regulation adopted by the Department | ||||||
10 | and such regulations provide methods and standards | ||||||
11 | by which the Department will utilize its authority | ||||||
12 | under Section 404 of this Act;
| ||||||
13 | (D-19) For taxable years ending on or after | ||||||
14 | December 31, 2008, an amount equal to the amount of | ||||||
15 | insurance premium expenses and costs otherwise allowed | ||||||
16 | as a deduction in computing base income, and that were | ||||||
17 | paid, accrued, or incurred, directly or indirectly, to | ||||||
18 | a person who would be a member of the same unitary | ||||||
19 | business group but for the fact that the person is | ||||||
20 | prohibited under Section 1501(a)(27) from being | ||||||
21 | included in the unitary business group because he or | ||||||
22 | she is ordinarily required to apportion business | ||||||
23 | income under different subsections of Section 304. The | ||||||
24 | addition modification required by this subparagraph | ||||||
25 | shall be reduced to the extent that dividends were | ||||||
26 | included in base income of the unitary group for the |
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| |||||||
1 | same taxable year and received by the taxpayer or by a | ||||||
2 | member of the taxpayer's unitary business group | ||||||
3 | (including amounts included in gross income under | ||||||
4 | Sections 951 through 964 of the Internal Revenue Code | ||||||
5 | and amounts included in gross income under Section 78 | ||||||
6 | of the Internal Revenue Code) with respect to the stock | ||||||
7 | of the same person to whom the premiums and costs were | ||||||
8 | directly or indirectly paid, incurred, or accrued. The | ||||||
9 | preceding sentence does not apply to the extent that | ||||||
10 | the same dividends caused a reduction to the addition | ||||||
11 | modification required under Section 203(a)(2)(D-17) or | ||||||
12 | Section 203(a)(2)(D-18) of this Act.
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13 | (D-20) For taxable years beginning on or after | ||||||
14 | January 1,
2002 and ending on or before December 31, | ||||||
15 | 2006, in
the
case of a distribution from a qualified | ||||||
16 | tuition program under Section 529 of
the Internal | ||||||
17 | Revenue Code, other than (i) a distribution from a | ||||||
18 | College Savings
Pool created under Section 16.5 of the | ||||||
19 | State Treasurer Act or (ii) a
distribution from the | ||||||
20 | Illinois Prepaid Tuition Trust Fund, an amount equal to
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21 | the amount excluded from gross income under Section | ||||||
22 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
23 | January 1, 2007, in the case of a distribution from a | ||||||
24 | qualified tuition program under Section 529 of the | ||||||
25 | Internal Revenue Code, other than (i) a distribution | ||||||
26 | from a College Savings Pool created under Section 16.5 |
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1 | of the State Treasurer Act, (ii) a distribution from | ||||||
2 | the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||||||
3 | distribution from a qualified tuition program under | ||||||
4 | Section 529 of the Internal Revenue Code that (I) | ||||||
5 | adopts and determines that its offering materials | ||||||
6 | comply with the College Savings Plans Network's | ||||||
7 | disclosure principles and (II) has made reasonable | ||||||
8 | efforts to inform in-state residents of the existence | ||||||
9 | of in-state qualified tuition programs by informing | ||||||
10 | Illinois residents directly and, where applicable, to | ||||||
11 | inform financial intermediaries distributing the | ||||||
12 | program to inform in-state residents of the existence | ||||||
13 | of in-state qualified tuition programs at least | ||||||
14 | annually, an amount equal to the amount excluded from | ||||||
15 | gross income under Section 529(c)(3)(B). | ||||||
16 | For the purposes of this subparagraph (D-20), a | ||||||
17 | qualified tuition program has made reasonable efforts | ||||||
18 | if it makes disclosures (which may use the term | ||||||
19 | "in-state program" or "in-state plan" and need not | ||||||
20 | specifically refer to Illinois or its qualified | ||||||
21 | programs by name) (i) directly to prospective | ||||||
22 | participants in its offering materials or makes a | ||||||
23 | public disclosure, such as a website posting; and (ii) | ||||||
24 | where applicable, to intermediaries selling the | ||||||
25 | out-of-state program in the same manner that the | ||||||
26 | out-of-state program distributes its offering |
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1 | materials;
| ||||||
2 | (D-21) For taxable years beginning on or after | ||||||
3 | January 1, 2007, in the case of transfer of moneys from | ||||||
4 | a qualified tuition program under Section 529 of the | ||||||
5 | Internal Revenue Code that is administered by the State | ||||||
6 | to an out-of-state program, an amount equal to the | ||||||
7 | amount of moneys previously deducted from base income | ||||||
8 | under subsection (a)(2)(Y) of this Section.
| ||||||
9 | and by deducting from the total so obtained the
sum of the | ||||||
10 | following amounts:
| ||||||
11 | (E) For taxable years ending before December 31, | ||||||
12 | 2001,
any amount included in such total in respect of | ||||||
13 | any compensation
(including but not limited to any | ||||||
14 | compensation paid or accrued to a
serviceman while a | ||||||
15 | prisoner of war or missing in action) paid to a | ||||||
16 | resident
by reason of being on active duty in the Armed | ||||||
17 | Forces of the United States
and in respect of any | ||||||
18 | compensation paid or accrued to a resident who as a
| ||||||
19 | governmental employee was a prisoner of war or missing | ||||||
20 | in action, and in
respect of any compensation paid to a | ||||||
21 | resident in 1971 or thereafter for
annual training | ||||||
22 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
23 | United States Code as a member of the Illinois National | ||||||
24 | Guard or, beginning with taxable years ending on or | ||||||
25 | after December 31, 2007, the National Guard of any | ||||||
26 | other state.
For taxable years ending on or after |
| |||||||
| |||||||
1 | December 31, 2001, any amount included in
such total in | ||||||
2 | respect of any compensation (including but not limited | ||||||
3 | to any
compensation paid or accrued to a serviceman | ||||||
4 | while a prisoner of war or missing
in action) paid to a | ||||||
5 | resident by reason of being a member of any component | ||||||
6 | of
the Armed Forces of the United States and in respect | ||||||
7 | of any compensation paid
or accrued to a resident who | ||||||
8 | as a governmental employee was a prisoner of war
or | ||||||
9 | missing in action, and in respect of any compensation | ||||||
10 | paid to a resident in
2001 or thereafter by reason of | ||||||
11 | being a member of the Illinois National Guard or, | ||||||
12 | beginning with taxable years ending on or after | ||||||
13 | December 31, 2007, the National Guard of any other | ||||||
14 | state.
The provisions of this amendatory Act of the | ||||||
15 | 92nd General Assembly are exempt
from the provisions of | ||||||
16 | Section 250;
| ||||||
17 | (F) An amount equal to all amounts included in such | ||||||
18 | total pursuant
to the provisions of Sections 402(a), | ||||||
19 | 402(c), 403(a), 403(b), 406(a), 407(a),
and 408 of the | ||||||
20 | Internal Revenue Code, or included in such total as
| ||||||
21 | distributions under the provisions of any retirement | ||||||
22 | or disability plan for
employees of any governmental | ||||||
23 | agency or unit, or retirement payments to
retired | ||||||
24 | partners, which payments are excluded in computing net | ||||||
25 | earnings
from self employment by Section 1402 of the | ||||||
26 | Internal Revenue Code and
regulations adopted pursuant |
| |||||||
| |||||||
1 | thereto;
| ||||||
2 | (G) The valuation limitation amount;
| ||||||
3 | (H) An amount equal to the amount of any tax | ||||||
4 | imposed by this Act
which was refunded to the taxpayer | ||||||
5 | and included in such total for the
taxable year;
| ||||||
6 | (I) An amount equal to all amounts included in such | ||||||
7 | total pursuant
to the provisions of Section 111 of the | ||||||
8 | Internal Revenue Code as a
recovery of items previously | ||||||
9 | deducted from adjusted gross income in the
computation | ||||||
10 | of taxable income;
| ||||||
11 | (J) An amount equal to those dividends included in | ||||||
12 | such total which were
paid by a corporation which | ||||||
13 | conducts business operations in an Enterprise
Zone or | ||||||
14 | zones created under the Illinois Enterprise Zone Act or | ||||||
15 | a River Edge Redevelopment Zone or zones created under | ||||||
16 | the River Edge Redevelopment Zone Act, and conducts
| ||||||
17 | substantially all of its operations in an Enterprise | ||||||
18 | Zone or zones or a River Edge Redevelopment Zone or | ||||||
19 | zones. This subparagraph (J) is exempt from the | ||||||
20 | provisions of Section 250;
| ||||||
21 | (K) An amount equal to those dividends included in | ||||||
22 | such total that
were paid by a corporation that | ||||||
23 | conducts business operations in a federally
designated | ||||||
24 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
25 | High Impact
Business located in Illinois; provided | ||||||
26 | that dividends eligible for the
deduction provided in |
| |||||||
| |||||||
1 | subparagraph (J) of paragraph (2) of this subsection
| ||||||
2 | shall not be eligible for the deduction provided under | ||||||
3 | this subparagraph
(K);
| ||||||
4 | (L) For taxable years ending after December 31, | ||||||
5 | 1983, an amount equal to
all social security benefits | ||||||
6 | and railroad retirement benefits included in
such | ||||||
7 | total pursuant to Sections 72(r) and 86 of the Internal | ||||||
8 | Revenue Code;
| ||||||
9 | (M) With the exception of any amounts subtracted | ||||||
10 | under subparagraph
(N), an amount equal to the sum of | ||||||
11 | all amounts disallowed as
deductions by (i) Sections | ||||||
12 | 171(a) (2), and 265(2) of the Internal Revenue Code
of | ||||||
13 | 1954, as now or hereafter amended, and all amounts of | ||||||
14 | expenses allocable
to interest and disallowed as | ||||||
15 | deductions by Section 265(1) of the Internal
Revenue | ||||||
16 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
17 | taxable years
ending on or after August 13, 1999, | ||||||
18 | Sections 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of | ||||||
19 | the Internal Revenue Code; the provisions of this
| ||||||
20 | subparagraph are exempt from the provisions of Section | ||||||
21 | 250;
| ||||||
22 | (N) An amount equal to all amounts included in such | ||||||
23 | total which are
exempt from taxation by this State | ||||||
24 | either by reason of its statutes or
Constitution
or by | ||||||
25 | reason of the Constitution, treaties or statutes of the | ||||||
26 | United States;
provided that, in the case of any |
| |||||||
| |||||||
1 | statute of this State that exempts income
derived from | ||||||
2 | bonds or other obligations from the tax imposed under | ||||||
3 | this Act,
the amount exempted shall be the interest net | ||||||
4 | of bond premium amortization;
| ||||||
5 | (O) An amount equal to any contribution made to a | ||||||
6 | job training
project established pursuant to the Tax | ||||||
7 | Increment Allocation Redevelopment Act;
| ||||||
8 | (P) An amount equal to the amount of the deduction | ||||||
9 | used to compute the
federal income tax credit for | ||||||
10 | restoration of substantial amounts held under
claim of | ||||||
11 | right for the taxable year pursuant to Section 1341 of | ||||||
12 | the
Internal Revenue Code of 1986;
| ||||||
13 | (Q) An amount equal to any amounts included in such | ||||||
14 | total, received by
the taxpayer as an acceleration in | ||||||
15 | the payment of life, endowment or annuity
benefits in | ||||||
16 | advance of the time they would otherwise be payable as | ||||||
17 | an indemnity
for a terminal illness;
| ||||||
18 | (R) An amount equal to the amount of any federal or | ||||||
19 | State bonus paid
to veterans of the Persian Gulf War;
| ||||||
20 | (S) An amount, to the extent included in adjusted | ||||||
21 | gross income, equal
to the amount of a contribution | ||||||
22 | made in the taxable year on behalf of the
taxpayer to a | ||||||
23 | medical care savings account established under the | ||||||
24 | Medical Care
Savings Account Act or the Medical Care | ||||||
25 | Savings Account Act of 2000 to the
extent the | ||||||
26 | contribution is accepted by the account
administrator |
| |||||||
| |||||||
1 | as provided in that Act;
| ||||||
2 | (T) An amount, to the extent included in adjusted | ||||||
3 | gross income, equal to
the amount of interest earned in | ||||||
4 | the taxable year on a medical care savings
account | ||||||
5 | established under the Medical Care Savings Account Act | ||||||
6 | or the Medical
Care Savings Account Act of 2000 on | ||||||
7 | behalf of the
taxpayer, other than interest added | ||||||
8 | pursuant to item (D-5) of this paragraph
(2);
| ||||||
9 | (U) For one taxable year beginning on or after | ||||||
10 | January 1,
1994, an
amount equal to the total amount of | ||||||
11 | tax imposed and paid under subsections (a)
and (b) of | ||||||
12 | Section 201 of this Act on grant amounts received by | ||||||
13 | the taxpayer
under the Nursing Home Grant Assistance | ||||||
14 | Act during the taxpayer's taxable years
1992 and 1993;
| ||||||
15 | (V) Beginning with tax years ending on or after | ||||||
16 | December 31, 1995 and
ending with tax years ending on | ||||||
17 | or before December 31, 2004, an amount equal to
the | ||||||
18 | amount paid by a taxpayer who is a
self-employed | ||||||
19 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
20 | in a Subchapter S corporation for health insurance or | ||||||
21 | long-term
care insurance for that taxpayer or that | ||||||
22 | taxpayer's spouse or dependents, to
the extent that the | ||||||
23 | amount paid for that health insurance or long-term care
| ||||||
24 | insurance may be deducted under Section 213 of the | ||||||
25 | Internal Revenue Code of
1986, has not been deducted on | ||||||
26 | the federal income tax return of the taxpayer,
and does |
| |||||||
| |||||||
1 | not exceed the taxable income attributable to that | ||||||
2 | taxpayer's income,
self-employment income, or | ||||||
3 | Subchapter S corporation income; except that no
| ||||||
4 | deduction shall be allowed under this item (V) if the | ||||||
5 | taxpayer is eligible to
participate in any health | ||||||
6 | insurance or long-term care insurance plan of an
| ||||||
7 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
8 | amount of the health insurance and long-term care | ||||||
9 | insurance
subtracted under this item (V) shall be | ||||||
10 | determined by multiplying total
health insurance and | ||||||
11 | long-term care insurance premiums paid by the taxpayer
| ||||||
12 | times a number that represents the fractional | ||||||
13 | percentage of eligible medical
expenses under Section | ||||||
14 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
15 | deducted on the taxpayer's federal income tax return;
| ||||||
16 | (W) For taxable years beginning on or after January | ||||||
17 | 1, 1998,
all amounts included in the taxpayer's federal | ||||||
18 | gross income
in the taxable year from amounts converted | ||||||
19 | from a regular IRA to a Roth IRA.
This paragraph is | ||||||
20 | exempt from the provisions of Section
250;
| ||||||
21 | (X) For taxable year 1999 and thereafter, an amount | ||||||
22 | equal to the
amount of any (i) distributions, to the | ||||||
23 | extent includible in gross income for
federal income | ||||||
24 | tax purposes, made to the taxpayer because of his or | ||||||
25 | her status
as a victim of persecution for racial or | ||||||
26 | religious reasons by Nazi Germany or
any other Axis |
| |||||||
| |||||||
1 | regime or as an heir of the victim and (ii) items
of | ||||||
2 | income, to the extent
includible in gross income for | ||||||
3 | federal income tax purposes, attributable to,
derived | ||||||
4 | from or in any way related to assets stolen from, | ||||||
5 | hidden from, or
otherwise lost to a victim of
| ||||||
6 | persecution for racial or religious reasons by Nazi | ||||||
7 | Germany or any other Axis
regime immediately prior to, | ||||||
8 | during, and immediately after World War II,
including, | ||||||
9 | but
not limited to, interest on the proceeds receivable | ||||||
10 | as insurance
under policies issued to a victim of | ||||||
11 | persecution for racial or religious
reasons
by Nazi | ||||||
12 | Germany or any other Axis regime by European insurance | ||||||
13 | companies
immediately prior to and during World War II;
| ||||||
14 | provided, however, this subtraction from federal | ||||||
15 | adjusted gross income does not
apply to assets acquired | ||||||
16 | with such assets or with the proceeds from the sale of
| ||||||
17 | such assets; provided, further, this paragraph shall | ||||||
18 | only apply to a taxpayer
who was the first recipient of | ||||||
19 | such assets after their recovery and who is a
victim of | ||||||
20 | persecution for racial or religious reasons
by Nazi | ||||||
21 | Germany or any other Axis regime or as an heir of the | ||||||
22 | victim. The
amount of and the eligibility for any | ||||||
23 | public assistance, benefit, or
similar entitlement is | ||||||
24 | not affected by the inclusion of items (i) and (ii) of
| ||||||
25 | this paragraph in gross income for federal income tax | ||||||
26 | purposes.
This paragraph is exempt from the provisions |
| |||||||
| |||||||
1 | of Section 250;
| ||||||
2 | (Y) For taxable years beginning on or after January | ||||||
3 | 1, 2002
and ending
on or before December 31, 2004, | ||||||
4 | moneys contributed in the taxable year to a College | ||||||
5 | Savings Pool account under
Section 16.5 of the State | ||||||
6 | Treasurer Act, except that amounts excluded from
gross | ||||||
7 | income under Section 529(c)(3)(C)(i) of the Internal | ||||||
8 | Revenue Code
shall not be considered moneys | ||||||
9 | contributed under this subparagraph (Y). For taxable | ||||||
10 | years beginning on or after January 1, 2005, a maximum | ||||||
11 | of $10,000
contributed
in the
taxable year to (i) a | ||||||
12 | College Savings Pool account under Section 16.5 of the
| ||||||
13 | State
Treasurer Act or (ii) the Illinois Prepaid | ||||||
14 | Tuition Trust Fund,
except that
amounts excluded from | ||||||
15 | gross income under Section 529(c)(3)(C)(i) of the
| ||||||
16 | Internal
Revenue Code shall not be considered moneys | ||||||
17 | contributed under this subparagraph
(Y). This
| ||||||
18 | subparagraph (Y) is exempt from the provisions of | ||||||
19 | Section 250;
| ||||||
20 | (Z) For taxable years 2001 and thereafter, for the | ||||||
21 | taxable year in
which the bonus depreciation deduction
| ||||||
22 | is taken on the taxpayer's federal income tax return | ||||||
23 | under
subsection (k) of Section 168 of the Internal | ||||||
24 | Revenue Code and for each
applicable taxable year | ||||||
25 | thereafter, an amount equal to "x", where:
| ||||||
26 | (1) "y" equals the amount of the depreciation |
| |||||||
| |||||||
1 | deduction taken for the
taxable year
on the | ||||||
2 | taxpayer's federal income tax return on property | ||||||
3 | for which the bonus
depreciation deduction
was | ||||||
4 | taken in any year under subsection (k) of Section | ||||||
5 | 168 of the Internal
Revenue Code, but not including | ||||||
6 | the bonus depreciation deduction;
| ||||||
7 | (2) for taxable years ending on or before | ||||||
8 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
9 | and then divided by 70 (or "y"
multiplied by | ||||||
10 | 0.429); and | ||||||
11 | (3) for taxable years ending after December | ||||||
12 | 31, 2005: | ||||||
13 | (i) for property on which a bonus | ||||||
14 | depreciation deduction of 30% of the adjusted | ||||||
15 | basis was taken, "x" equals "y" multiplied by | ||||||
16 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
17 | 0.429); and | ||||||
18 | (ii) for property on which a bonus | ||||||
19 | depreciation deduction of 50% of the adjusted | ||||||
20 | basis was taken, "x" equals "y" multiplied by | ||||||
21 | 1.0.
| ||||||
22 | The aggregate amount deducted under this | ||||||
23 | subparagraph in all taxable
years for any one piece of | ||||||
24 | property may not exceed the amount of the bonus
| ||||||
25 | depreciation deduction
taken on that property on the | ||||||
26 | taxpayer's federal income tax return under
subsection |
| |||||||
| |||||||
1 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
2 | subparagraph (Z) is exempt from the provisions of | ||||||
3 | Section 250;
| ||||||
4 | (AA) 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-15), then | ||||||
8 | an amount equal to that
addition modification.
| ||||||
9 | If the taxpayer continues to own property through | ||||||
10 | the last day of the last tax year for which the | ||||||
11 | taxpayer may claim a depreciation deduction for | ||||||
12 | federal income tax purposes and for which the taxpayer | ||||||
13 | was required in any taxable year to make an addition | ||||||
14 | modification under subparagraph (D-15), then an amount | ||||||
15 | equal to that addition modification.
| ||||||
16 | The taxpayer is allowed to take the deduction under | ||||||
17 | this subparagraph
only once with respect to any one | ||||||
18 | piece of property. | ||||||
19 | This subparagraph (AA) is exempt from the | ||||||
20 | provisions of Section 250;
| ||||||
21 | (BB) Any amount included in adjusted gross income, | ||||||
22 | other
than
salary,
received by a driver in a | ||||||
23 | ridesharing arrangement using a motor vehicle;
| ||||||
24 | (CC) The amount of (i) any interest income (net of | ||||||
25 | the deductions allocable thereto) taken into account | ||||||
26 | for the taxable year with respect to a transaction with |
| |||||||
| |||||||
1 | a taxpayer that is required to make an addition | ||||||
2 | modification with respect to such transaction under | ||||||
3 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
4 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
5 | the amount of that addition modification, and
(ii) any | ||||||
6 | income from intangible property (net of the deductions | ||||||
7 | allocable thereto) taken into account for the taxable | ||||||
8 | year with respect to a transaction with a taxpayer that | ||||||
9 | is required to make an addition modification with | ||||||
10 | respect to such transaction under Section | ||||||
11 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
12 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
13 | addition modification. This subparagraph (CC) is | ||||||
14 | exempt from the provisions of Section 250; | ||||||
15 | (DD) An amount equal to the interest income taken | ||||||
16 | into account for the taxable year (net of the | ||||||
17 | deductions allocable thereto) with respect to | ||||||
18 | transactions with (i) a foreign person who would be a | ||||||
19 | member of the taxpayer's unitary business group but for | ||||||
20 | the fact that the foreign person's business activity | ||||||
21 | outside the United States is 80% or more of that | ||||||
22 | person's total business activity and (ii) for taxable | ||||||
23 | years ending on or after December 31, 2008, to a person | ||||||
24 | who would be a member of the same unitary business | ||||||
25 | group but for the fact that the person is prohibited | ||||||
26 | under Section 1501(a)(27) from being included in the |
| |||||||
| |||||||
1 | unitary business group because he or she is ordinarily | ||||||
2 | required to apportion business income under different | ||||||
3 | subsections of Section 304, but not to exceed the | ||||||
4 | addition modification required to be made for the same | ||||||
5 | taxable year under Section 203(a)(2)(D-17) for | ||||||
6 | interest paid, accrued, or incurred, directly or | ||||||
7 | indirectly, to the same person. This subparagraph (DD) | ||||||
8 | is exempt from the provisions of Section 250; and | ||||||
9 | (EE) An amount equal to the income from intangible | ||||||
10 | property taken into account for the taxable year (net | ||||||
11 | of the deductions allocable thereto) with respect to | ||||||
12 | transactions with (i) a foreign person who would be a | ||||||
13 | member of the taxpayer's unitary business group but for | ||||||
14 | the fact that the foreign person's business activity | ||||||
15 | outside the United States is 80% or more of that | ||||||
16 | person's total business activity and (ii) for taxable | ||||||
17 | years ending on or after December 31, 2008, to a person | ||||||
18 | who would be a member of the same unitary business | ||||||
19 | group but for the fact that the person is prohibited | ||||||
20 | under Section 1501(a)(27) from being included in the | ||||||
21 | unitary business group because he or she is ordinarily | ||||||
22 | required to apportion business income under different | ||||||
23 | subsections of Section 304, but not to exceed the | ||||||
24 | addition modification required to be made for the same | ||||||
25 | taxable year under Section 203(a)(2)(D-18) for | ||||||
26 | intangible expenses and costs paid, accrued, or |
| |||||||
| |||||||
1 | incurred, directly or indirectly, to the same foreign | ||||||
2 | person. This subparagraph (EE) is exempt from the | ||||||
3 | provisions of Section 250 ; and .
| ||||||
4 | (FF) To the extent properly includable in the gross | ||||||
5 | income for federal income tax purposes of a designated | ||||||
6 | beneficiary, as defined in the Homecare Option Program | ||||||
7 | for the Elderly Act, an amount equal to the interest | ||||||
8 | earned on contributions to accounts established for | ||||||
9 | the designated beneficiary pursuant to that Act.
| ||||||
10 | (b) Corporations.
| ||||||
11 | (1) In general. In the case of a corporation, base | ||||||
12 | income means an
amount equal to the taxpayer's taxable | ||||||
13 | income for the taxable year as
modified by paragraph (2).
| ||||||
14 | (2) Modifications. The taxable income referred to in | ||||||
15 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
16 | of the following amounts:
| ||||||
17 | (A) An amount equal to all amounts paid or accrued | ||||||
18 | to the taxpayer
as interest and all distributions | ||||||
19 | received from regulated investment
companies during | ||||||
20 | the taxable year to the extent excluded from gross
| ||||||
21 | income in the computation of taxable income;
| ||||||
22 | (B) An amount equal to the amount of tax imposed by | ||||||
23 | this Act to the
extent deducted from gross income in | ||||||
24 | the computation of taxable income
for the taxable year;
| ||||||
25 | (C) In the case of a regulated investment company, |
| |||||||
| |||||||
1 | an amount equal to
the excess of (i) the net long-term | ||||||
2 | capital gain for the taxable year, over
(ii) the amount | ||||||
3 | of the capital gain dividends designated as such in | ||||||
4 | accordance
with Section 852(b)(3)(C) of the Internal | ||||||
5 | Revenue Code and any amount
designated under Section | ||||||
6 | 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
7 | attributable to the taxable year (this amendatory Act | ||||||
8 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
9 | law and is not a new
enactment);
| ||||||
10 | (D) The amount of any net operating loss deduction | ||||||
11 | taken in arriving
at taxable income, other than a net | ||||||
12 | operating loss carried forward from a
taxable year | ||||||
13 | ending prior to December 31, 1986;
| ||||||
14 | (E) For taxable years in which a net operating loss | ||||||
15 | carryback or
carryforward from a taxable year ending | ||||||
16 | prior to December 31, 1986 is an
element of taxable | ||||||
17 | income under paragraph (1) of subsection (e) or
| ||||||
18 | subparagraph (E) of paragraph (2) of subsection (e), | ||||||
19 | the amount by which
addition modifications other than | ||||||
20 | those provided by this subparagraph (E)
exceeded | ||||||
21 | subtraction modifications in such earlier taxable | ||||||
22 | year, with the
following limitations applied in the | ||||||
23 | order that they are listed:
| ||||||
24 | (i) the addition modification relating to the | ||||||
25 | net operating loss
carried back or forward to the | ||||||
26 | taxable year from any taxable year ending
prior to |
| |||||||
| |||||||
1 | December 31, 1986 shall be reduced by the amount of | ||||||
2 | addition
modification under this subparagraph (E) | ||||||
3 | which related to that net operating
loss and which | ||||||
4 | was taken into account in calculating the base | ||||||
5 | income of an
earlier taxable year, and
| ||||||
6 | (ii) the addition modification relating to the | ||||||
7 | net operating loss
carried back or forward to the | ||||||
8 | taxable year from any taxable year ending
prior to | ||||||
9 | December 31, 1986 shall not exceed the amount of | ||||||
10 | such carryback or
carryforward;
| ||||||
11 | For taxable years in which there is a net operating | ||||||
12 | loss carryback or
carryforward from more than one other | ||||||
13 | taxable year ending prior to December
31, 1986, the | ||||||
14 | addition modification provided in this subparagraph | ||||||
15 | (E) shall
be the sum of the amounts computed | ||||||
16 | independently under the preceding
provisions of this | ||||||
17 | subparagraph (E) for each such taxable year;
| ||||||
18 | (E-5) For taxable years ending after December 31, | ||||||
19 | 1997, an
amount equal to any eligible remediation costs | ||||||
20 | that the corporation
deducted in computing adjusted | ||||||
21 | gross income and for which the
corporation claims a | ||||||
22 | credit under subsection (l) of Section 201;
| ||||||
23 | (E-10) For taxable years 2001 and thereafter, an | ||||||
24 | amount equal to the
bonus depreciation deduction taken | ||||||
25 | on the taxpayer's federal income tax return for the | ||||||
26 | taxable
year under subsection (k) of Section 168 of the |
| |||||||
| |||||||
1 | Internal Revenue Code;
| ||||||
2 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
3 | or otherwise disposes of property for which the | ||||||
4 | taxpayer was required in any taxable year to
make an | ||||||
5 | addition modification under subparagraph (E-10), then | ||||||
6 | an amount equal
to the aggregate amount of the | ||||||
7 | deductions taken in all taxable
years under | ||||||
8 | subparagraph (T) with respect to that property.
| ||||||
9 | If the taxpayer continues to own property through | ||||||
10 | the last day of the last tax year for which the | ||||||
11 | taxpayer may claim a depreciation deduction for | ||||||
12 | federal income tax purposes and for which the taxpayer | ||||||
13 | was allowed in any taxable year to make a subtraction | ||||||
14 | modification under subparagraph (T), then an amount | ||||||
15 | equal to that subtraction modification.
| ||||||
16 | The taxpayer is required to make the addition | ||||||
17 | modification under this
subparagraph
only once with | ||||||
18 | respect to any one piece of property;
| ||||||
19 | (E-12) An amount equal to the amount otherwise | ||||||
20 | allowed as a deduction in computing base income for | ||||||
21 | interest paid, accrued, or incurred, directly or | ||||||
22 | indirectly, (i) for taxable years ending on or after | ||||||
23 | December 31, 2004, to a foreign person who would be a | ||||||
24 | member of the same unitary business group but for the | ||||||
25 | fact the foreign person's business activity outside | ||||||
26 | the United States is 80% or more of the foreign |
| |||||||
| |||||||
1 | person's total business activity and (ii) for taxable | ||||||
2 | years ending on or after December 31, 2008, to a person | ||||||
3 | who would be a member of the same unitary business | ||||||
4 | group but for the fact that the person is prohibited | ||||||
5 | under Section 1501(a)(27) from being included in the | ||||||
6 | unitary business group because he or she is ordinarily | ||||||
7 | required to apportion business income under different | ||||||
8 | subsections of Section 304. The addition modification | ||||||
9 | required by this subparagraph shall be reduced to the | ||||||
10 | extent that dividends were included in base income of | ||||||
11 | the unitary group for the same taxable year and | ||||||
12 | received by the taxpayer or by a member of the | ||||||
13 | taxpayer's unitary business group (including amounts | ||||||
14 | included in gross income pursuant to Sections 951 | ||||||
15 | through 964 of the Internal Revenue Code and amounts | ||||||
16 | included in gross income under Section 78 of the | ||||||
17 | Internal Revenue Code) with respect to the stock of the | ||||||
18 | same person to whom the interest was paid, accrued, or | ||||||
19 | incurred.
| ||||||
20 | This paragraph shall not apply to the following:
| ||||||
21 | (i) an item of interest paid, accrued, or | ||||||
22 | incurred, directly or indirectly, to a person who | ||||||
23 | is subject in a foreign country or state, other | ||||||
24 | than a state which requires mandatory unitary | ||||||
25 | reporting, to a tax on or measured by net income | ||||||
26 | with respect to such interest; or |
| |||||||
| |||||||
1 | (ii) an item of interest paid, accrued, or | ||||||
2 | incurred, directly or indirectly, to a person if | ||||||
3 | the taxpayer can establish, based on a | ||||||
4 | preponderance of the evidence, both of the | ||||||
5 | following: | ||||||
6 | (a) the person, during the same taxable | ||||||
7 | year, paid, accrued, or incurred, the interest | ||||||
8 | to a person that is not a related member, and | ||||||
9 | (b) the transaction giving rise to the | ||||||
10 | interest expense between the taxpayer and the | ||||||
11 | person did not have as a principal purpose the | ||||||
12 | avoidance of Illinois income tax, and is paid | ||||||
13 | pursuant to a contract or agreement that | ||||||
14 | reflects an arm's-length interest rate and | ||||||
15 | terms; or
| ||||||
16 | (iii) the taxpayer can establish, based on | ||||||
17 | clear and convincing evidence, that the interest | ||||||
18 | paid, accrued, or incurred relates to a contract or | ||||||
19 | agreement entered into at arm's-length rates and | ||||||
20 | terms and the principal purpose for the payment is | ||||||
21 | not federal or Illinois tax avoidance; or
| ||||||
22 | (iv) an item of interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to a person if | ||||||
24 | the taxpayer establishes by clear and convincing | ||||||
25 | evidence that the adjustments are unreasonable; or | ||||||
26 | if the taxpayer and the Director agree in writing |
| |||||||
| |||||||
1 | to the application or use of an alternative method | ||||||
2 | of apportionment under Section 304(f).
| ||||||
3 | Nothing in this subsection shall preclude the | ||||||
4 | Director from making any other adjustment | ||||||
5 | otherwise allowed under Section 404 of this Act for | ||||||
6 | any tax year beginning after the effective date of | ||||||
7 | this amendment provided such adjustment is made | ||||||
8 | pursuant to regulation adopted by the Department | ||||||
9 | and such regulations provide methods and standards | ||||||
10 | by which the Department will utilize its authority | ||||||
11 | under Section 404 of this Act;
| ||||||
12 | (E-13) An amount equal to the amount of intangible | ||||||
13 | expenses and costs otherwise allowed as a deduction in | ||||||
14 | computing base income, and that were paid, accrued, or | ||||||
15 | incurred, directly or indirectly, (i) for taxable | ||||||
16 | years ending on or after December 31, 2004, to a | ||||||
17 | foreign person who would be a member of the same | ||||||
18 | unitary business group but for the fact that the | ||||||
19 | foreign person's business activity outside the United | ||||||
20 | States is 80% or more of that person's total business | ||||||
21 | activity and (ii) for taxable years ending on or after | ||||||
22 | December 31, 2008, to a person who would be a member of | ||||||
23 | the same unitary business group but for the fact that | ||||||
24 | the person is prohibited under Section 1501(a)(27) | ||||||
25 | from being included in the unitary business group | ||||||
26 | because he or she is ordinarily required to apportion |
| |||||||
| |||||||
1 | business income under different subsections of Section | ||||||
2 | 304. The addition modification required by this | ||||||
3 | subparagraph shall be reduced to the extent that | ||||||
4 | dividends were included in base income of the unitary | ||||||
5 | group for the same taxable year and received by the | ||||||
6 | taxpayer or by a member of the taxpayer's unitary | ||||||
7 | business group (including amounts included in gross | ||||||
8 | income pursuant to Sections 951 through 964 of the | ||||||
9 | Internal Revenue Code and amounts included in gross | ||||||
10 | income under Section 78 of the Internal Revenue Code) | ||||||
11 | with respect to the stock of the same person to whom | ||||||
12 | the intangible expenses and costs were directly or | ||||||
13 | indirectly paid, incurred, or accrued. The preceding | ||||||
14 | sentence shall not apply to the extent that the same | ||||||
15 | dividends caused a reduction to the addition | ||||||
16 | modification required under Section 203(b)(2)(E-12) of | ||||||
17 | this Act.
As used in this subparagraph, the term | ||||||
18 | "intangible expenses and costs" includes (1) expenses, | ||||||
19 | losses, and costs for, or related to, the direct or | ||||||
20 | indirect acquisition, use, maintenance or management, | ||||||
21 | ownership, sale, exchange, or any other disposition of | ||||||
22 | intangible property; (2) losses incurred, directly or | ||||||
23 | indirectly, from factoring transactions or discounting | ||||||
24 | transactions; (3) royalty, patent, technical, and | ||||||
25 | copyright fees; (4) licensing fees; and (5) other | ||||||
26 | similar expenses and costs.
For purposes of this |
| |||||||
| |||||||
1 | subparagraph, "intangible property" includes patents, | ||||||
2 | patent applications, trade names, trademarks, service | ||||||
3 | marks, copyrights, mask works, trade secrets, and | ||||||
4 | similar types of intangible assets. | ||||||
5 | This paragraph shall not apply to the following: | ||||||
6 | (i) any item of intangible expenses or costs | ||||||
7 | paid, accrued, or incurred, directly or | ||||||
8 | indirectly, from a transaction with a person who is | ||||||
9 | subject in a foreign country or state, other than a | ||||||
10 | state which requires mandatory unitary reporting, | ||||||
11 | to a tax on or measured by net income with respect | ||||||
12 | to such item; or | ||||||
13 | (ii) any item of intangible expense or cost | ||||||
14 | paid, accrued, or incurred, directly or | ||||||
15 | indirectly, if the taxpayer can establish, based | ||||||
16 | on a preponderance of the evidence, both of the | ||||||
17 | following: | ||||||
18 | (a) the person during the same taxable | ||||||
19 | year paid, accrued, or incurred, the | ||||||
20 | intangible expense or cost to a person that is | ||||||
21 | not a related member, and | ||||||
22 | (b) the transaction giving rise to the | ||||||
23 | intangible expense or cost between the | ||||||
24 | taxpayer and the person did not have as a | ||||||
25 | principal purpose the avoidance of Illinois | ||||||
26 | income tax, and is paid pursuant to a contract |
| |||||||
| |||||||
1 | or agreement that reflects arm's-length terms; | ||||||
2 | or | ||||||
3 | (iii) any item of intangible expense or cost | ||||||
4 | paid, accrued, or incurred, directly or | ||||||
5 | indirectly, from a transaction with a person if the | ||||||
6 | taxpayer establishes by clear and convincing | ||||||
7 | evidence, that the adjustments are unreasonable; | ||||||
8 | or if the taxpayer and the Director agree in | ||||||
9 | writing to the application or use of an alternative | ||||||
10 | method of apportionment under Section 304(f);
| ||||||
11 | Nothing in this subsection shall preclude the | ||||||
12 | Director from making any other adjustment | ||||||
13 | otherwise allowed under Section 404 of this Act for | ||||||
14 | any tax year beginning after the effective date of | ||||||
15 | this amendment provided such adjustment is made | ||||||
16 | pursuant to regulation adopted by the Department | ||||||
17 | and such regulations provide methods and standards | ||||||
18 | by which the Department will utilize its authority | ||||||
19 | under Section 404 of this Act;
| ||||||
20 | (E-14) For taxable years ending on or after | ||||||
21 | December 31, 2008, an amount equal to the amount of | ||||||
22 | insurance premium expenses and costs otherwise allowed | ||||||
23 | as a deduction in computing base income, and that were | ||||||
24 | paid, accrued, or incurred, directly or indirectly, to | ||||||
25 | a person who would be a member of the same unitary | ||||||
26 | business group but for the fact that the person is |
| |||||||
| |||||||
1 | prohibited under Section 1501(a)(27) from being | ||||||
2 | included in the unitary business group because he or | ||||||
3 | she is ordinarily required to apportion business | ||||||
4 | income under different subsections of Section 304. The | ||||||
5 | addition modification required by this subparagraph | ||||||
6 | shall be reduced to the extent that dividends were | ||||||
7 | included in base income of the unitary group for the | ||||||
8 | same taxable year and received by the taxpayer or by a | ||||||
9 | member of the taxpayer's unitary business group | ||||||
10 | (including amounts included in gross income under | ||||||
11 | Sections 951 through 964 of the Internal Revenue Code | ||||||
12 | and amounts included in gross income under Section 78 | ||||||
13 | of the Internal Revenue Code) with respect to the stock | ||||||
14 | of the same person to whom the premiums and costs were | ||||||
15 | directly or indirectly paid, incurred, or accrued. The | ||||||
16 | preceding sentence does not apply to the extent that | ||||||
17 | the same dividends caused a reduction to the addition | ||||||
18 | modification required under Section 203(b)(2)(E-12) or | ||||||
19 | Section 203(b)(2)(E-13) of this Act;
| ||||||
20 | (E-15) For taxable years beginning after December | ||||||
21 | 31, 2008, any deduction for dividends paid by a captive | ||||||
22 | real estate investment trust that is allowed to a real | ||||||
23 | estate investment trust under Section 857(b)(2)(B) of | ||||||
24 | the Internal Revenue Code for dividends paid;
| ||||||
25 | and by deducting from the total so obtained the sum of the | ||||||
26 | following
amounts:
|
| |||||||
| |||||||
1 | (F) An amount equal to the amount of any tax | ||||||
2 | imposed by this Act
which was refunded to the taxpayer | ||||||
3 | and included in such total for the
taxable year;
| ||||||
4 | (G) An amount equal to any amount included in such | ||||||
5 | total under
Section 78 of the Internal Revenue Code;
| ||||||
6 | (H) In the case of a regulated investment company, | ||||||
7 | an amount equal
to the amount of exempt interest | ||||||
8 | dividends as defined in subsection (b)
(5) of Section | ||||||
9 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
10 | for the taxable year;
| ||||||
11 | (I) With the exception of any amounts subtracted | ||||||
12 | under subparagraph
(J),
an amount equal to the sum of | ||||||
13 | all amounts disallowed as
deductions by (i) Sections | ||||||
14 | 171(a) (2), and 265(a)(2) and amounts disallowed as
| ||||||
15 | interest expense by Section 291(a)(3) of the Internal | ||||||
16 | Revenue Code, as now
or hereafter amended, and all | ||||||
17 | amounts of expenses allocable to interest and
| ||||||
18 | disallowed as deductions by Section 265(a)(1) of the | ||||||
19 | Internal Revenue Code,
as now or hereafter amended;
and | ||||||
20 | (ii) for taxable years
ending on or after August 13, | ||||||
21 | 1999, Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
22 | 832(b)(5)(B)(i) of the Internal Revenue Code; the
| ||||||
23 | provisions of this
subparagraph are exempt from the | ||||||
24 | provisions of Section 250;
| ||||||
25 | (J) An amount equal to all amounts included in such | ||||||
26 | total which are
exempt from taxation by this State |
| |||||||
| |||||||
1 | either by reason of its statutes or
Constitution
or by | ||||||
2 | reason of the Constitution, treaties or statutes of the | ||||||
3 | United States;
provided that, in the case of any | ||||||
4 | statute of this State that exempts income
derived from | ||||||
5 | bonds or other obligations from the tax imposed under | ||||||
6 | this Act,
the amount exempted shall be the interest net | ||||||
7 | of bond premium amortization;
| ||||||
8 | (K) An amount equal to those dividends included in | ||||||
9 | such total
which were paid by a corporation which | ||||||
10 | conducts
business operations in an Enterprise Zone or | ||||||
11 | zones created under
the Illinois Enterprise Zone Act or | ||||||
12 | a River Edge Redevelopment Zone or zones created under | ||||||
13 | the River Edge Redevelopment Zone Act and conducts | ||||||
14 | substantially all of its
operations in an Enterprise | ||||||
15 | Zone or zones or a River Edge Redevelopment Zone or | ||||||
16 | zones. This subparagraph (K) is exempt from the | ||||||
17 | 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 a | ||||||
22 | High Impact
Business located in Illinois; provided | ||||||
23 | that dividends eligible for the
deduction provided in | ||||||
24 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
25 | shall not be eligible for the deduction provided under | ||||||
26 | this subparagraph
(L);
|
| |||||||
| |||||||
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 Enterprise
Zone | ||||||
7 | Investment Credit or the River Edge Redevelopment Zone | ||||||
8 | Investment Credit. To determine the portion of a loan | ||||||
9 | or loans that is
secured by property eligible for a | ||||||
10 | Section 201(f) investment
credit to the borrower, the | ||||||
11 | entire principal amount of the loan or loans
between | ||||||
12 | the taxpayer and the borrower should be divided into | ||||||
13 | the basis of the
Section 201(f) investment credit | ||||||
14 | property which secures the
loan or loans, using for | ||||||
15 | this purpose the original basis of such property on
the | ||||||
16 | date that it was placed in service in the
Enterprise | ||||||
17 | Zone or the River Edge Redevelopment Zone. The | ||||||
18 | subtraction modification available to taxpayer in any
| ||||||
19 | year under this subsection shall be that portion of the | ||||||
20 | total interest paid
by the borrower with respect to | ||||||
21 | such loan attributable to the eligible
property as | ||||||
22 | calculated under the previous sentence. This | ||||||
23 | subparagraph (M) is exempt from the provisions of | ||||||
24 | Section 250;
| ||||||
25 | (M-1) For any taxpayer that is a financial | ||||||
26 | organization within the
meaning of Section 304(c) of |
| |||||||
| |||||||
1 | this Act, an amount included in such total as
interest | ||||||
2 | income from a loan or loans made by such taxpayer to a | ||||||
3 | borrower,
to the extent that such a loan is secured by | ||||||
4 | property which is eligible for
the High Impact Business | ||||||
5 | Investment Credit. To determine the portion of a
loan | ||||||
6 | or loans that is secured by property eligible for a | ||||||
7 | Section 201(h) investment credit to the borrower, the | ||||||
8 | entire principal amount of
the loan or loans between | ||||||
9 | the taxpayer and the borrower should be divided into
| ||||||
10 | the basis of the Section 201(h) investment credit | ||||||
11 | property which
secures the loan or loans, using for | ||||||
12 | this purpose the original basis of such
property on the | ||||||
13 | date that it was placed in service in a federally | ||||||
14 | designated
Foreign Trade Zone or Sub-Zone located in | ||||||
15 | Illinois. No taxpayer that is
eligible for the | ||||||
16 | deduction provided in subparagraph (M) of paragraph | ||||||
17 | (2) of
this subsection shall be eligible for the | ||||||
18 | deduction provided under this
subparagraph (M-1). The | ||||||
19 | subtraction modification available to taxpayers in
any | ||||||
20 | year under this subsection shall be that portion of the | ||||||
21 | total interest
paid by the borrower with respect to | ||||||
22 | such loan attributable to the eligible
property as | ||||||
23 | calculated 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 |
| |||||||
| |||||||
1 | charitable contribution under subsection (c) of | ||||||
2 | Section 170
of the Internal Revenue Code and (ii) must, | ||||||
3 | by its terms, be used for a
project approved by the | ||||||
4 | Department of Commerce and Economic Opportunity under | ||||||
5 | Section 11 of the Illinois Enterprise Zone Act or under | ||||||
6 | Section 10-10 of the River Edge Redevelopment Zone Act. | ||||||
7 | This subparagraph (N) is exempt from the provisions of | ||||||
8 | Section 250;
| ||||||
9 | (O) An amount equal to: (i) 85% for taxable years | ||||||
10 | ending on or before
December 31, 1992, or, a percentage | ||||||
11 | equal to the percentage allowable under
Section | ||||||
12 | 243(a)(1) of the Internal Revenue Code of 1986 for | ||||||
13 | taxable years ending
after December 31, 1992, of the | ||||||
14 | amount by which dividends included in taxable
income | ||||||
15 | and received from a corporation that is not created or | ||||||
16 | organized under
the laws of the United States or any | ||||||
17 | state or political subdivision thereof,
including, for | ||||||
18 | taxable years ending on or after December 31, 1988, | ||||||
19 | dividends
received or deemed received or paid or deemed | ||||||
20 | paid under Sections 951 through
964 of the Internal | ||||||
21 | Revenue Code, exceed the amount of the modification
| ||||||
22 | provided under subparagraph (G) of paragraph (2) of | ||||||
23 | this subsection (b) which
is related to such dividends, | ||||||
24 | and including, for taxable years ending on or after | ||||||
25 | December 31, 2008, dividends received from a captive | ||||||
26 | real estate investment trust; plus (ii) 100% of the |
| |||||||
| |||||||
1 | amount by which dividends,
included in taxable income | ||||||
2 | and received, including, for taxable years ending on
or | ||||||
3 | after December 31, 1988, dividends received or deemed | ||||||
4 | received or paid or
deemed paid under Sections 951 | ||||||
5 | through 964 of the Internal Revenue Code and including, | ||||||
6 | for taxable years ending on or after December 31, 2008, | ||||||
7 | dividends received from a captive real estate | ||||||
8 | investment trust, from
any such corporation specified | ||||||
9 | in clause (i) that would but for the provisions
of | ||||||
10 | Section 1504 (b) (3) of the Internal Revenue Code be | ||||||
11 | treated as a member of
the affiliated group which | ||||||
12 | includes the dividend recipient, exceed the amount
of | ||||||
13 | the modification provided under subparagraph (G) of | ||||||
14 | paragraph (2) of this
subsection (b) which is related | ||||||
15 | to such dividends. This subparagraph (O) is exempt from | ||||||
16 | the provisions of Section 250 of this Act;
| ||||||
17 | (P) An amount equal to any contribution made to a | ||||||
18 | job training project
established pursuant to the Tax | ||||||
19 | Increment Allocation Redevelopment Act;
| ||||||
20 | (Q) An amount equal to the amount of the deduction | ||||||
21 | used to compute the
federal income tax credit for | ||||||
22 | restoration of substantial amounts held under
claim of | ||||||
23 | right for the taxable year pursuant to Section 1341 of | ||||||
24 | the
Internal Revenue Code of 1986;
| ||||||
25 | (R) On and after July 20, 1999, in the case of an | ||||||
26 | attorney-in-fact with respect to whom an
interinsurer |
| |||||||
| |||||||
1 | or a reciprocal insurer has made the election under | ||||||
2 | Section 835 of
the Internal Revenue Code, 26 U.S.C. | ||||||
3 | 835, an amount equal to the excess, if
any, of the | ||||||
4 | amounts paid or incurred by that interinsurer or | ||||||
5 | reciprocal insurer
in the taxable year to the | ||||||
6 | attorney-in-fact over the deduction allowed to that
| ||||||
7 | interinsurer or reciprocal insurer with respect to the | ||||||
8 | attorney-in-fact under
Section 835(b) of the Internal | ||||||
9 | Revenue Code for the taxable year; the provisions of | ||||||
10 | this subparagraph are exempt from the provisions of | ||||||
11 | Section 250;
| ||||||
12 | (S) For taxable years ending on or after December | ||||||
13 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
14 | amount equal to all amounts of income allocable to a
| ||||||
15 | shareholder subject to the Personal Property Tax | ||||||
16 | Replacement Income Tax imposed
by subsections (c) and | ||||||
17 | (d) of Section 201 of this Act, including amounts
| ||||||
18 | allocable to organizations exempt from federal income | ||||||
19 | tax by reason of Section
501(a) of the Internal Revenue | ||||||
20 | Code. This subparagraph (S) is exempt from
the | ||||||
21 | provisions of Section 250;
| ||||||
22 | (T) For taxable years 2001 and thereafter, for the | ||||||
23 | taxable year in
which the bonus depreciation deduction
| ||||||
24 | is taken on the taxpayer's federal income tax return | ||||||
25 | under
subsection (k) of Section 168 of the Internal | ||||||
26 | Revenue Code and for each
applicable taxable year |
| |||||||
| |||||||
1 | thereafter, an amount equal to "x", where:
| ||||||
2 | (1) "y" equals the amount of the depreciation | ||||||
3 | deduction taken for the
taxable year
on the | ||||||
4 | taxpayer's federal income tax return on property | ||||||
5 | for which the bonus
depreciation deduction
was | ||||||
6 | taken in any year under subsection (k) of Section | ||||||
7 | 168 of the Internal
Revenue Code, but not including | ||||||
8 | the bonus depreciation deduction;
| ||||||
9 | (2) for taxable years ending on or before | ||||||
10 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
11 | and then divided by 70 (or "y"
multiplied by | ||||||
12 | 0.429); and | ||||||
13 | (3) for taxable years ending after December | ||||||
14 | 31, 2005: | ||||||
15 | (i) for property on which a bonus | ||||||
16 | depreciation deduction of 30% of the adjusted | ||||||
17 | basis was taken, "x" equals "y" multiplied by | ||||||
18 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
19 | 0.429); and | ||||||
20 | (ii) for property on which a bonus | ||||||
21 | depreciation deduction of 50% of the adjusted | ||||||
22 | basis was taken, "x" equals "y" multiplied by | ||||||
23 | 1.0.
| ||||||
24 | The aggregate amount deducted under this | ||||||
25 | subparagraph in all taxable
years for any one piece of | ||||||
26 | property may not exceed the amount of the bonus
|
| |||||||
| |||||||
1 | depreciation deduction
taken on that property on the | ||||||
2 | taxpayer's federal income tax return under
subsection | ||||||
3 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
4 | subparagraph (T) is exempt from the provisions of | ||||||
5 | Section 250;
| ||||||
6 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
7 | otherwise disposes of
property for which the taxpayer | ||||||
8 | was required in any taxable year to make an
addition | ||||||
9 | modification under subparagraph (E-10), then an amount | ||||||
10 | equal to that
addition modification.
| ||||||
11 | If the taxpayer continues to own property through | ||||||
12 | the last day of the last tax year for which the | ||||||
13 | taxpayer may claim a depreciation deduction for | ||||||
14 | federal income tax purposes and for which the taxpayer | ||||||
15 | was required in any taxable year to make an addition | ||||||
16 | modification under subparagraph (E-10), then an amount | ||||||
17 | equal to that addition modification.
| ||||||
18 | The taxpayer is allowed to take the deduction under | ||||||
19 | this subparagraph
only once with respect to any one | ||||||
20 | piece of property. | ||||||
21 | This subparagraph (U) is exempt from the | ||||||
22 | provisions of Section 250;
| ||||||
23 | (V) The amount of: (i) any interest income (net of | ||||||
24 | the deductions allocable thereto) taken into account | ||||||
25 | for the taxable year with respect to a transaction with | ||||||
26 | a taxpayer that is required to make an addition |
| |||||||
| |||||||
1 | modification with respect to such transaction under | ||||||
2 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
3 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
4 | the amount of such addition modification,
(ii) any | ||||||
5 | income from intangible property (net of the deductions | ||||||
6 | allocable thereto) taken into account for the taxable | ||||||
7 | year with respect to a transaction with a taxpayer that | ||||||
8 | is required to make an addition modification with | ||||||
9 | respect to such transaction under Section | ||||||
10 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
11 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
12 | addition modification, and (iii) any insurance premium | ||||||
13 | income (net of deductions allocable thereto) taken | ||||||
14 | into account for the taxable year with respect to a | ||||||
15 | transaction with a taxpayer that is required to make an | ||||||
16 | addition modification with respect to such transaction | ||||||
17 | under Section 203(a)(2)(D-19), Section | ||||||
18 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
19 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
20 | addition modification. This subparagraph (V) is exempt | ||||||
21 | from the provisions of Section 250;
| ||||||
22 | (W) An amount equal to the interest income taken | ||||||
23 | into account for the taxable year (net of the | ||||||
24 | 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 for |
| |||||||
| |||||||
1 | the fact that the foreign person's business activity | ||||||
2 | outside the United States is 80% or more of that | ||||||
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, but not to exceed the | ||||||
11 | addition modification required to be made for the same | ||||||
12 | taxable year under Section 203(b)(2)(E-12) for | ||||||
13 | interest paid, accrued, or incurred, directly or | ||||||
14 | indirectly, to the same person. This subparagraph (W) | ||||||
15 | is exempt from the provisions of Section 250; and
| ||||||
16 | (X) An amount equal to the income from intangible | ||||||
17 | property taken into account for the taxable year (net | ||||||
18 | of the deductions allocable thereto) with respect to | ||||||
19 | transactions with (i) a foreign person who would be a | ||||||
20 | member of the taxpayer's unitary business group but for | ||||||
21 | the fact that the foreign person's business activity | ||||||
22 | outside the United States is 80% or more of that | ||||||
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 |
| |||||||
| |||||||
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, but not to exceed the | ||||||
5 | addition modification required to be made for the same | ||||||
6 | taxable year under Section 203(b)(2)(E-13) for | ||||||
7 | intangible expenses and costs paid, accrued, or | ||||||
8 | incurred, directly or indirectly, to the same foreign | ||||||
9 | person. This subparagraph (X) is exempt from the | ||||||
10 | provisions of Section 250 ; and .
(Y) | ||||||
11 | (Y) To the extent properly includable in the gross | ||||||
12 | income for federal income tax purposes of a designated | ||||||
13 | beneficiary, as defined in the Homecare Option Program | ||||||
14 | for the Elderly Act, an amount equal to the interest | ||||||
15 | earned on contributions to accounts established for | ||||||
16 | the designated beneficiary pursuant to that Act.
| ||||||
17 | (3) Special rule. For purposes of paragraph (2) (A), | ||||||
18 | "gross income"
in the case of a life insurance company, for | ||||||
19 | tax years ending on and after
December 31, 1994,
shall mean | ||||||
20 | the gross investment income for the taxable year.
| ||||||
21 | (c) Trusts and estates.
| ||||||
22 | (1) In general. In the case of a trust or estate, base | ||||||
23 | income means
an amount equal to the taxpayer's taxable | ||||||
24 | income for the taxable year as
modified by paragraph (2).
| ||||||
25 | (2) Modifications. Subject to the provisions of |
| |||||||
| |||||||
1 | paragraph (3), the
taxable income referred to in paragraph | ||||||
2 | (1) shall be modified by adding
thereto the sum of the | ||||||
3 | following amounts:
| ||||||
4 | (A) An amount equal to all amounts paid or accrued | ||||||
5 | to the taxpayer
as interest or dividends during the | ||||||
6 | taxable year to the extent excluded
from gross income | ||||||
7 | in the computation of taxable income;
| ||||||
8 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
9 | trust which, under
its governing instrument, is | ||||||
10 | required to distribute all of its income
currently, | ||||||
11 | $300; and (iii) any other trust, $100, but in each such | ||||||
12 | case,
only to the extent such amount was deducted in | ||||||
13 | the computation of
taxable income;
| ||||||
14 | (C) An amount equal to the amount of tax imposed by | ||||||
15 | this Act to the
extent deducted from gross income in | ||||||
16 | the computation of taxable income
for the taxable 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 loss | ||||||
22 | carryback or
carryforward from a taxable year ending | ||||||
23 | prior to December 31, 1986 is an
element of taxable | ||||||
24 | income under paragraph (1) of subsection (e) or | ||||||
25 | subparagraph
(E) of paragraph (2) of subsection (e), | ||||||
26 | the amount by which addition
modifications other than |
| |||||||
| |||||||
1 | 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 of | ||||||
9 | addition
modification under this subparagraph (E) | ||||||
10 | which related to that net
operating loss and which | ||||||
11 | was taken into account in calculating the base
| ||||||
12 | 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 operating | ||||||
19 | loss carryback or
carryforward from more than one other | ||||||
20 | taxable year ending prior to December
31, 1986, the | ||||||
21 | addition modification provided in this subparagraph | ||||||
22 | (E) shall
be the sum of the amounts computed | ||||||
23 | independently under the preceding
provisions of this | ||||||
24 | subparagraph (E) for each such taxable year;
| ||||||
25 | (F) For taxable years ending on or after January 1, | ||||||
26 | 1989, an amount
equal to the tax deducted pursuant to |
| |||||||
| |||||||
1 | Section 164 of the Internal Revenue
Code if the trust | ||||||
2 | or estate is claiming the same tax for purposes of the
| ||||||
3 | Illinois foreign tax credit under Section 601 of this | ||||||
4 | 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 costs | ||||||
11 | that the trust or estate
deducted in computing adjusted | ||||||
12 | gross income and for which the trust
or estate claims a | ||||||
13 | credit under subsection (l) of Section 201;
| ||||||
14 | (G-10) For taxable years 2001 and thereafter, an | ||||||
15 | amount equal to the
bonus depreciation deduction taken | ||||||
16 | on the taxpayer's federal income tax return for the | ||||||
17 | taxable
year under subsection (k) of Section 168 of the | ||||||
18 | Internal Revenue Code; and
| ||||||
19 | (G-11) If the taxpayer sells, transfers, abandons, | ||||||
20 | or otherwise disposes of property for which the | ||||||
21 | taxpayer was required in any taxable year to
make an | ||||||
22 | addition modification under subparagraph (G-10), then | ||||||
23 | an amount equal
to the aggregate amount of the | ||||||
24 | deductions taken in all taxable
years under | ||||||
25 | subparagraph (R) with respect to that property.
| ||||||
26 | If the taxpayer continues to own property through |
| |||||||
| |||||||
1 | the last day of the last tax year for which the | ||||||
2 | taxpayer may claim a depreciation deduction for | ||||||
3 | federal income tax purposes and for which the taxpayer | ||||||
4 | was allowed in any taxable year to make a subtraction | ||||||
5 | modification under subparagraph (R), then an amount | ||||||
6 | equal to that subtraction modification.
| ||||||
7 | The taxpayer is required to make the addition | ||||||
8 | modification under this
subparagraph
only once with | ||||||
9 | respect to any one piece of property;
| ||||||
10 | (G-12) An amount equal to the amount otherwise | ||||||
11 | allowed as a deduction in computing base income for | ||||||
12 | interest paid, accrued, or incurred, directly or | ||||||
13 | indirectly, (i) for taxable years ending on or after | ||||||
14 | December 31, 2004, to a foreign person who would be a | ||||||
15 | member of the same unitary business group but for the | ||||||
16 | fact that the foreign person's business activity | ||||||
17 | outside the United States is 80% or more of the foreign | ||||||
18 | person's total business activity and (ii) for taxable | ||||||
19 | years ending on or after December 31, 2008, to a person | ||||||
20 | who would be a member of the same unitary business | ||||||
21 | group but for the fact that the person is prohibited | ||||||
22 | under Section 1501(a)(27) from being included in the | ||||||
23 | unitary business group because he or she is ordinarily | ||||||
24 | required to apportion business income under different | ||||||
25 | subsections of Section 304. The addition modification | ||||||
26 | required by this subparagraph shall be reduced to the |
| |||||||
| |||||||
1 | extent that dividends were included in base income of | ||||||
2 | the unitary group for the same taxable year and | ||||||
3 | received by the taxpayer or by a member of the | ||||||
4 | taxpayer's unitary business group (including amounts | ||||||
5 | included in gross income pursuant to Sections 951 | ||||||
6 | through 964 of the Internal Revenue Code and amounts | ||||||
7 | included in gross income under Section 78 of the | ||||||
8 | Internal Revenue Code) with respect to the stock of the | ||||||
9 | same person to whom the interest was paid, accrued, or | ||||||
10 | incurred.
| ||||||
11 | This paragraph shall not apply to the following:
| ||||||
12 | (i) an item of interest paid, accrued, or | ||||||
13 | incurred, directly or indirectly, to 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 interest; or | ||||||
18 | (ii) 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 |
| |||||||
| |||||||
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 | (iii) the taxpayer can establish, based on | ||||||
8 | clear and convincing evidence, that the interest | ||||||
9 | paid, accrued, or incurred relates to a contract or | ||||||
10 | agreement entered into at arm's-length rates and | ||||||
11 | terms and the principal purpose for the payment is | ||||||
12 | not federal or Illinois tax avoidance; or
| ||||||
13 | (iv) 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 | ||||||
22 | otherwise allowed under Section 404 of this Act for | ||||||
23 | any tax year beginning after the effective date of | ||||||
24 | this amendment provided such adjustment is made | ||||||
25 | pursuant to regulation adopted by the Department | ||||||
26 | and such regulations provide methods and standards |
| |||||||
| |||||||
1 | by which the Department will utilize its authority | ||||||
2 | under Section 404 of this Act;
| ||||||
3 | (G-13) 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 pursuant to Sections 951 through 964 of the | ||||||
26 | Internal Revenue Code and amounts included in gross |
| |||||||
| |||||||
1 | income under Section 78 of the Internal Revenue Code) | ||||||
2 | with respect to the stock of the same person to whom | ||||||
3 | the intangible expenses and costs were directly or | ||||||
4 | indirectly paid, incurred, or accrued. The preceding | ||||||
5 | sentence shall not apply to the extent that the same | ||||||
6 | dividends caused a reduction to the addition | ||||||
7 | modification required under Section 203(c)(2)(G-12) of | ||||||
8 | this Act. As used in this subparagraph, the term | ||||||
9 | "intangible expenses and costs" includes: (1) | ||||||
10 | expenses, losses, and costs for or related to the | ||||||
11 | direct or indirect acquisition, use, maintenance or | ||||||
12 | management, ownership, sale, exchange, or any other | ||||||
13 | disposition of intangible property; (2) losses | ||||||
14 | incurred, directly or indirectly, from factoring | ||||||
15 | transactions or discounting transactions; (3) royalty, | ||||||
16 | patent, technical, and copyright fees; (4) licensing | ||||||
17 | fees; and (5) other similar expenses and costs. For | ||||||
18 | purposes of this subparagraph, "intangible property" | ||||||
19 | includes patents, patent applications, trade names, | ||||||
20 | trademarks, service marks, copyrights, mask works, | ||||||
21 | trade secrets, and similar types of intangible assets. | ||||||
22 | This paragraph shall not apply to the following: | ||||||
23 | (i) any item of intangible expenses or costs | ||||||
24 | paid, accrued, or incurred, directly or | ||||||
25 | indirectly, from a transaction with a person who is | ||||||
26 | subject in a foreign country or state, other than a |
| |||||||
| |||||||
1 | state which requires mandatory unitary reporting, | ||||||
2 | to a tax on or measured by net income with respect | ||||||
3 | to such item; or | ||||||
4 | (ii) any item of intangible expense or cost | ||||||
5 | paid, accrued, or incurred, directly or | ||||||
6 | indirectly, if the taxpayer can establish, based | ||||||
7 | on a preponderance of the evidence, both of the | ||||||
8 | following: | ||||||
9 | (a) the person during the same taxable | ||||||
10 | year paid, accrued, or incurred, the | ||||||
11 | intangible expense or cost to a person that is | ||||||
12 | not a related member, and | ||||||
13 | (b) the transaction giving rise to the | ||||||
14 | intangible expense or cost between the | ||||||
15 | taxpayer and the person did not have as a | ||||||
16 | principal purpose the avoidance of Illinois | ||||||
17 | income tax, and is paid pursuant to a contract | ||||||
18 | or agreement that reflects arm's-length terms; | ||||||
19 | or | ||||||
20 | (iii) any item of intangible expense or cost | ||||||
21 | paid, accrued, or incurred, directly or | ||||||
22 | indirectly, from a transaction with a person if the | ||||||
23 | taxpayer establishes by clear and convincing | ||||||
24 | evidence, that the adjustments are unreasonable; | ||||||
25 | or if the taxpayer and the Director agree in | ||||||
26 | writing to the application or use of an alternative |
| |||||||
| |||||||
1 | method of apportionment under Section 304(f);
| ||||||
2 | Nothing in this subsection shall preclude the | ||||||
3 | Director from making any other adjustment | ||||||
4 | otherwise allowed under Section 404 of this Act for | ||||||
5 | any tax year beginning after the effective date of | ||||||
6 | this amendment provided such adjustment is made | ||||||
7 | pursuant to regulation adopted by the Department | ||||||
8 | and such regulations provide methods and standards | ||||||
9 | by which the Department will utilize its authority | ||||||
10 | under Section 404 of this Act;
| ||||||
11 | (G-14) For taxable years ending on or after | ||||||
12 | December 31, 2008, an amount equal to the amount of | ||||||
13 | insurance premium expenses and costs otherwise allowed | ||||||
14 | as a deduction in computing base income, and that were | ||||||
15 | paid, accrued, or incurred, directly or indirectly, to | ||||||
16 | a person who would be a member of the same unitary | ||||||
17 | business group but for the fact that the person is | ||||||
18 | prohibited under Section 1501(a)(27) from being | ||||||
19 | included in the unitary business group because he or | ||||||
20 | she is ordinarily required to apportion business | ||||||
21 | income under different subsections of Section 304. The | ||||||
22 | addition modification required by this subparagraph | ||||||
23 | shall be reduced to the extent that dividends were | ||||||
24 | included in base income of the unitary group for the | ||||||
25 | same taxable year and received by the taxpayer or by a | ||||||
26 | member of the taxpayer's unitary business group |
| |||||||
| |||||||
1 | (including amounts included in gross income under | ||||||
2 | Sections 951 through 964 of the Internal Revenue Code | ||||||
3 | and amounts included in gross income under Section 78 | ||||||
4 | of the Internal Revenue Code) with respect to the stock | ||||||
5 | of the same person to whom the premiums and costs were | ||||||
6 | directly or indirectly paid, incurred, or accrued. The | ||||||
7 | preceding sentence does not apply to the extent that | ||||||
8 | the same dividends caused a reduction to the addition | ||||||
9 | modification required under Section 203(c)(2)(G-12) or | ||||||
10 | Section 203(c)(2)(G-13) of this Act.
| ||||||
11 | and by deducting from the total so obtained the sum of the | ||||||
12 | following
amounts:
| ||||||
13 | (H) An amount equal to all amounts included in such | ||||||
14 | total pursuant
to the provisions of Sections 402(a), | ||||||
15 | 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 of the | ||||||
16 | Internal Revenue Code or included in such total as
| ||||||
17 | distributions under the provisions of any retirement | ||||||
18 | or disability plan for
employees of any governmental | ||||||
19 | agency or unit, or retirement payments to
retired | ||||||
20 | partners, which payments are excluded in computing net | ||||||
21 | earnings
from self employment by Section 1402 of the | ||||||
22 | Internal Revenue Code and
regulations adopted pursuant | ||||||
23 | thereto;
| ||||||
24 | (I) The valuation limitation amount;
| ||||||
25 | (J) An amount equal to the amount of any tax | ||||||
26 | imposed by this Act
which was refunded to the taxpayer |
| |||||||
| |||||||
1 | and included in such total for the
taxable year;
| ||||||
2 | (K) An amount equal to all amounts included in | ||||||
3 | taxable income as
modified by subparagraphs (A), (B), | ||||||
4 | (C), (D), (E), (F) and (G) which
are exempt from | ||||||
5 | taxation by this State either by reason of its statutes | ||||||
6 | or
Constitution
or by reason of the Constitution, | ||||||
7 | treaties or statutes of the United States;
provided | ||||||
8 | that, in the case of any statute of this State that | ||||||
9 | exempts income
derived from bonds or other obligations | ||||||
10 | from the tax imposed under this Act,
the amount | ||||||
11 | exempted shall be the interest net of bond premium | ||||||
12 | amortization;
| ||||||
13 | (L) With the exception of any amounts subtracted | ||||||
14 | under subparagraph
(K),
an amount equal to the sum of | ||||||
15 | all amounts disallowed as
deductions by (i) Sections | ||||||
16 | 171(a) (2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
17 | as now or hereafter amended, and all amounts of | ||||||
18 | expenses allocable
to interest and disallowed as | ||||||
19 | deductions by Section 265(1) of the Internal
Revenue | ||||||
20 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
21 | taxable years
ending on or after August 13, 1999, | ||||||
22 | Sections
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of | ||||||
23 | the Internal Revenue Code; the provisions of this
| ||||||
24 | subparagraph are exempt from the provisions of Section | ||||||
25 | 250;
| ||||||
26 | (M) An amount equal to those dividends included in |
| |||||||
| |||||||
1 | such total
which were paid by a corporation which | ||||||
2 | conducts business operations in an
Enterprise Zone or | ||||||
3 | zones created under the Illinois Enterprise Zone Act or | ||||||
4 | a River Edge Redevelopment Zone or zones created under | ||||||
5 | the River Edge Redevelopment Zone Act and
conducts | ||||||
6 | substantially all of its operations in an Enterprise | ||||||
7 | Zone or Zones or a River Edge Redevelopment Zone or | ||||||
8 | zones. This subparagraph (M) is exempt from the | ||||||
9 | provisions of Section 250;
| ||||||
10 | (N) An amount equal to any contribution made to a | ||||||
11 | job training
project established pursuant to the Tax | ||||||
12 | Increment Allocation
Redevelopment Act;
| ||||||
13 | (O) An amount equal to those dividends included in | ||||||
14 | such total
that were paid by a corporation that | ||||||
15 | conducts business operations in a
federally designated | ||||||
16 | Foreign Trade Zone or Sub-Zone and that is designated
a | ||||||
17 | High Impact Business located in Illinois; provided | ||||||
18 | that dividends eligible
for the deduction provided in | ||||||
19 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
20 | shall not be eligible for the deduction provided under | ||||||
21 | this
subparagraph (O);
| ||||||
22 | (P) An amount equal to the amount of the deduction | ||||||
23 | used to compute the
federal income tax credit for | ||||||
24 | restoration of substantial amounts held under
claim of | ||||||
25 | right for the taxable year pursuant to Section 1341 of | ||||||
26 | the
Internal Revenue Code of 1986;
|
| |||||||
| |||||||
1 | (Q) For taxable year 1999 and thereafter, an amount | ||||||
2 | equal to the
amount of any
(i) distributions, to the | ||||||
3 | extent includible in gross income for
federal income | ||||||
4 | tax purposes, made to the taxpayer because of
his or | ||||||
5 | her status as a victim of
persecution for racial or | ||||||
6 | religious reasons by Nazi Germany or any other Axis
| ||||||
7 | regime or as an heir of the victim and (ii) items
of | ||||||
8 | income, to the extent
includible in gross income for | ||||||
9 | federal income tax purposes, attributable to,
derived | ||||||
10 | from or in any way related to assets stolen from, | ||||||
11 | hidden from, or
otherwise lost to a victim of
| ||||||
12 | persecution for racial or religious reasons by Nazi
| ||||||
13 | Germany or any other Axis regime
immediately prior to, | ||||||
14 | during, and immediately after World War II, including,
| ||||||
15 | but
not limited to, interest on the proceeds receivable | ||||||
16 | as insurance
under policies issued to a victim of | ||||||
17 | persecution for racial or religious
reasons by Nazi | ||||||
18 | Germany or any other Axis regime by European insurance
| ||||||
19 | companies
immediately prior to and during World War II;
| ||||||
20 | provided, however, this subtraction from federal | ||||||
21 | adjusted gross income does not
apply to assets acquired | ||||||
22 | with such assets or with the proceeds from the sale of
| ||||||
23 | such assets; provided, further, this paragraph shall | ||||||
24 | only apply to a taxpayer
who was the first recipient of | ||||||
25 | such assets after their recovery and who is a
victim of
| ||||||
26 | persecution for racial or religious reasons
by Nazi |
| |||||||
| |||||||
1 | Germany or any other Axis regime or as an heir of the | ||||||
2 | victim. The
amount of and the eligibility for any | ||||||
3 | public assistance, benefit, or
similar entitlement is | ||||||
4 | not affected by the inclusion of items (i) and (ii) of
| ||||||
5 | this paragraph in gross income for federal income tax | ||||||
6 | purposes.
This paragraph is exempt from the provisions | ||||||
7 | of Section 250;
| ||||||
8 | (R) For taxable years 2001 and thereafter, for the | ||||||
9 | taxable year in
which the bonus depreciation deduction
| ||||||
10 | is taken on the taxpayer's federal income tax return | ||||||
11 | under
subsection (k) of Section 168 of the Internal | ||||||
12 | Revenue Code and for each
applicable taxable year | ||||||
13 | thereafter, an amount equal to "x", where:
| ||||||
14 | (1) "y" equals the amount of the depreciation | ||||||
15 | deduction taken for the
taxable year
on the | ||||||
16 | taxpayer's federal income tax return on property | ||||||
17 | for which the bonus
depreciation deduction
was | ||||||
18 | taken in any year under subsection (k) of Section | ||||||
19 | 168 of the Internal
Revenue Code, but not including | ||||||
20 | the bonus depreciation deduction;
| ||||||
21 | (2) for taxable years ending on or before | ||||||
22 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
23 | and then divided by 70 (or "y"
multiplied by | ||||||
24 | 0.429); and | ||||||
25 | (3) for taxable years ending after December | ||||||
26 | 31, 2005: |
| |||||||
| |||||||
1 | (i) for property on which a bonus | ||||||
2 | depreciation deduction of 30% of the adjusted | ||||||
3 | basis was taken, "x" equals "y" multiplied by | ||||||
4 | 30 and then divided by 70 (or "y"
multiplied by | ||||||
5 | 0.429); and | ||||||
6 | (ii) for property on which a bonus | ||||||
7 | depreciation deduction of 50% of the adjusted | ||||||
8 | basis was taken, "x" equals "y" multiplied by | ||||||
9 | 1.0.
| ||||||
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) of Section 168 of the Internal Revenue Code. This | ||||||
16 | 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 the | ||||||
25 | taxpayer may claim a depreciation deduction for | ||||||
26 | federal income tax purposes and for which the taxpayer |
| |||||||
| |||||||
1 | was 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 under | ||||||
5 | this subparagraph
only once with respect to any one | ||||||
6 | 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 with | ||||||
12 | 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 that | ||||||
20 | 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 |
| |||||||
| |||||||
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 for | ||||||
5 | 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; and | ||||||
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 for | ||||||
25 | the fact that the foreign person's business activity | ||||||
26 | outside the United States is 80% or more of that |
| |||||||
| |||||||
1 | person's total business activity and (ii) for taxable | ||||||
2 | years ending on or after December 31, 2008, to a person | ||||||
3 | who would be a member of the same unitary business | ||||||
4 | group but for the fact that the person is prohibited | ||||||
5 | under Section 1501(a)(27) from being included in the | ||||||
6 | unitary business group because he or she is ordinarily | ||||||
7 | required to apportion business income under different | ||||||
8 | subsections of Section 304, but not to exceed the | ||||||
9 | addition modification required to be made for the same | ||||||
10 | taxable year under Section 203(c)(2)(G-13) for | ||||||
11 | intangible expenses and costs paid, accrued, or | ||||||
12 | incurred, directly or indirectly, to the same foreign | ||||||
13 | person. This subparagraph (V) is exempt from the | ||||||
14 | provisions of Section 250 ; and . (W) | ||||||
15 | (W) To the extent properly includable in the gross | ||||||
16 | income for federal income tax purposes of a designated | ||||||
17 | beneficiary, as defined in the Homecare Option Program | ||||||
18 | for the Elderly Act, an amount equal to the interest | ||||||
19 | earned on contributions to accounts established for | ||||||
20 | the designated beneficiary pursuant to that Act.
| ||||||
21 | (3) Limitation. The amount of any modification | ||||||
22 | otherwise required
under this subsection shall, under | ||||||
23 | regulations prescribed by the
Department, be adjusted by | ||||||
24 | any amounts included therein which were
properly paid, | ||||||
25 | credited, or required to be distributed, or permanently set
| ||||||
26 | aside for charitable purposes pursuant to Internal Revenue |
| |||||||
| |||||||
1 | Code Section
642(c) during the taxable year.
| ||||||
2 | (d) Partnerships.
| ||||||
3 | (1) In general. In the case of a partnership, base | ||||||
4 | income means an
amount equal to the taxpayer's taxable | ||||||
5 | income for the taxable year as
modified by paragraph (2).
| ||||||
6 | (2) Modifications. The taxable income referred to in | ||||||
7 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
8 | of the following amounts:
| ||||||
9 | (A) An amount equal to all amounts paid or accrued | ||||||
10 | to the taxpayer as
interest or dividends during the | ||||||
11 | taxable year to the extent excluded from
gross income | ||||||
12 | in the computation of taxable income;
| ||||||
13 | (B) An amount equal to the amount of tax imposed by | ||||||
14 | this Act to the
extent deducted from gross income for | ||||||
15 | the taxable year;
| ||||||
16 | (C) The amount of deductions allowed to the | ||||||
17 | partnership pursuant to
Section 707 (c) of the Internal | ||||||
18 | Revenue Code in calculating its taxable income;
| ||||||
19 | (D) An amount equal to the amount of the capital | ||||||
20 | gain deduction
allowable under the Internal Revenue | ||||||
21 | Code, to the extent deducted from
gross income in the | ||||||
22 | computation of taxable income;
| ||||||
23 | (D-5) For taxable years 2001 and thereafter, an | ||||||
24 | amount equal to the
bonus depreciation deduction taken | ||||||
25 | on the taxpayer's federal income tax return for the |
| |||||||
| |||||||
1 | taxable
year under subsection (k) of Section 168 of the | ||||||
2 | Internal Revenue Code;
| ||||||
3 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
4 | or otherwise disposes of
property for which the | ||||||
5 | taxpayer was required in any taxable year to make an
| ||||||
6 | addition modification under subparagraph (D-5), then | ||||||
7 | an amount equal to the
aggregate amount of the | ||||||
8 | deductions taken in all taxable years
under | ||||||
9 | subparagraph (O) with respect to that property.
| ||||||
10 | If the taxpayer continues to own property through | ||||||
11 | the last day of the last tax year for which the | ||||||
12 | taxpayer may claim a depreciation deduction for | ||||||
13 | federal income tax purposes and for which the taxpayer | ||||||
14 | was allowed in any taxable year to make a subtraction | ||||||
15 | modification under subparagraph (O), then an amount | ||||||
16 | equal to that subtraction modification.
| ||||||
17 | The taxpayer is required to make the addition | ||||||
18 | modification under this
subparagraph
only once with | ||||||
19 | respect to any one piece of property;
| ||||||
20 | (D-7) An amount equal to the amount otherwise | ||||||
21 | allowed as a deduction in computing base income for | ||||||
22 | interest paid, accrued, or incurred, directly or | ||||||
23 | indirectly, (i) for taxable years ending on or after | ||||||
24 | December 31, 2004, to a foreign person who would be a | ||||||
25 | member of the same unitary business group but for the | ||||||
26 | fact the foreign person's business activity outside |
| |||||||
| |||||||
1 | the United States is 80% or more of the foreign | ||||||
2 | person's total business activity and (ii) for taxable | ||||||
3 | years ending on or after December 31, 2008, to a person | ||||||
4 | who would be a member of the same unitary business | ||||||
5 | group but for the fact that the person is prohibited | ||||||
6 | under Section 1501(a)(27) from being included in the | ||||||
7 | unitary business group because he or she is ordinarily | ||||||
8 | required to apportion business income under different | ||||||
9 | subsections of Section 304. The addition modification | ||||||
10 | required by this subparagraph shall be reduced to the | ||||||
11 | extent that dividends were included in base income of | ||||||
12 | the unitary group for the same taxable year and | ||||||
13 | received by the taxpayer or by a member of the | ||||||
14 | taxpayer's unitary business group (including amounts | ||||||
15 | included in gross income pursuant to Sections 951 | ||||||
16 | through 964 of the Internal Revenue Code and amounts | ||||||
17 | included in gross income under Section 78 of the | ||||||
18 | Internal Revenue Code) with respect to the stock of the | ||||||
19 | same person to whom the interest was paid, accrued, or | ||||||
20 | incurred.
| ||||||
21 | This paragraph shall not apply to the following:
| ||||||
22 | (i) an item of interest paid, accrued, or | ||||||
23 | incurred, directly or indirectly, to a person who | ||||||
24 | is subject in a foreign country or state, other | ||||||
25 | than a state which requires mandatory unitary | ||||||
26 | reporting, to a tax on or measured by net income |
| |||||||
| |||||||
1 | with respect to such interest; or | ||||||
2 | (ii) an item of interest paid, accrued, or | ||||||
3 | incurred, directly or indirectly, to a person if | ||||||
4 | the taxpayer can establish, based on a | ||||||
5 | preponderance of the evidence, both of the | ||||||
6 | following: | ||||||
7 | (a) the person, during the same taxable | ||||||
8 | year, paid, accrued, or incurred, the interest | ||||||
9 | to a person that is not a related member, and | ||||||
10 | (b) the transaction giving rise to the | ||||||
11 | interest expense between the taxpayer and the | ||||||
12 | person did not have as a principal purpose the | ||||||
13 | avoidance of Illinois income tax, and is paid | ||||||
14 | pursuant to a contract or agreement that | ||||||
15 | reflects an arm's-length interest rate and | ||||||
16 | terms; or
| ||||||
17 | (iii) the taxpayer can establish, based on | ||||||
18 | clear and convincing evidence, that the interest | ||||||
19 | paid, accrued, or incurred relates to a contract or | ||||||
20 | agreement entered into at arm's-length rates and | ||||||
21 | terms and the principal purpose for the payment is | ||||||
22 | not federal or Illinois tax avoidance; or
| ||||||
23 | (iv) an item of interest paid, accrued, or | ||||||
24 | incurred, directly or indirectly, to a person if | ||||||
25 | the taxpayer establishes by clear and convincing | ||||||
26 | evidence that the adjustments are unreasonable; or |
| |||||||
| |||||||
1 | if the taxpayer and the Director agree in writing | ||||||
2 | to the application or use of an alternative method | ||||||
3 | of apportionment under Section 304(f).
| ||||||
4 | Nothing in this subsection shall preclude the | ||||||
5 | Director from making any other adjustment | ||||||
6 | otherwise allowed under Section 404 of this Act for | ||||||
7 | any tax year beginning after the effective date of | ||||||
8 | this amendment provided such adjustment is made | ||||||
9 | pursuant to regulation adopted by the Department | ||||||
10 | and such regulations provide methods and standards | ||||||
11 | by which the Department will utilize its authority | ||||||
12 | under Section 404 of this Act; and
| ||||||
13 | (D-8) An amount equal to the amount of intangible | ||||||
14 | expenses and costs otherwise allowed as a deduction in | ||||||
15 | computing base income, and that were paid, accrued, or | ||||||
16 | incurred, directly or indirectly, (i) for taxable | ||||||
17 | years ending on or after December 31, 2004, to a | ||||||
18 | foreign person who would be a member of the same | ||||||
19 | unitary business group but for the fact that the | ||||||
20 | foreign person's business activity outside the United | ||||||
21 | States is 80% or more of that person's total business | ||||||
22 | activity and (ii) for taxable years ending on or after | ||||||
23 | December 31, 2008, to a person who would be a member of | ||||||
24 | the same unitary business group but for the fact that | ||||||
25 | the person is prohibited under Section 1501(a)(27) | ||||||
26 | from being included in the unitary business group |
| |||||||
| |||||||
1 | because he or she is ordinarily required to apportion | ||||||
2 | business income under different subsections of Section | ||||||
3 | 304. The addition modification required by this | ||||||
4 | subparagraph shall be reduced to the extent that | ||||||
5 | dividends were included in base income of the unitary | ||||||
6 | group for the same taxable year and received by the | ||||||
7 | taxpayer or by a member of the taxpayer's unitary | ||||||
8 | business group (including amounts included in gross | ||||||
9 | income pursuant to Sections 951 through 964 of the | ||||||
10 | Internal Revenue Code and amounts included in gross | ||||||
11 | income under Section 78 of the Internal Revenue Code) | ||||||
12 | with respect to the stock of the same person to whom | ||||||
13 | the intangible expenses and costs were directly or | ||||||
14 | indirectly paid, incurred or accrued. The preceding | ||||||
15 | sentence shall not apply to the extent that the same | ||||||
16 | dividends caused a reduction to the addition | ||||||
17 | modification required under Section 203(d)(2)(D-7) of | ||||||
18 | this Act. As used in this subparagraph, the term | ||||||
19 | "intangible expenses and costs" includes (1) expenses, | ||||||
20 | losses, and costs for, or related to, the direct or | ||||||
21 | indirect acquisition, use, maintenance or management, | ||||||
22 | ownership, sale, exchange, or any other disposition of | ||||||
23 | intangible property; (2) losses incurred, directly or | ||||||
24 | indirectly, from factoring transactions or discounting | ||||||
25 | transactions; (3) royalty, patent, technical, and | ||||||
26 | copyright fees; (4) licensing fees; and (5) other |
| |||||||
| |||||||
1 | similar expenses and costs. For purposes of this | ||||||
2 | subparagraph, "intangible property" includes patents, | ||||||
3 | patent applications, trade names, trademarks, service | ||||||
4 | marks, copyrights, mask works, trade secrets, and | ||||||
5 | similar types of intangible assets; | ||||||
6 | This paragraph shall not apply to the following: | ||||||
7 | (i) any item of intangible expenses or costs | ||||||
8 | paid, accrued, or incurred, directly or | ||||||
9 | indirectly, from a transaction with a person who is | ||||||
10 | subject in a foreign country or state, other than a | ||||||
11 | state which requires mandatory unitary reporting, | ||||||
12 | to a tax on or measured by net income with respect | ||||||
13 | to such item; or | ||||||
14 | (ii) any item of intangible expense or cost | ||||||
15 | paid, accrued, or incurred, directly or | ||||||
16 | indirectly, if the taxpayer can establish, based | ||||||
17 | on a preponderance of the evidence, both of the | ||||||
18 | following: | ||||||
19 | (a) the person during the same taxable | ||||||
20 | year paid, accrued, or incurred, the | ||||||
21 | intangible expense or cost to a person that is | ||||||
22 | not a related member, and | ||||||
23 | (b) the transaction giving rise to the | ||||||
24 | intangible expense or cost between the | ||||||
25 | taxpayer and the person did not have as a | ||||||
26 | principal purpose the avoidance of Illinois |
| |||||||
| |||||||
1 | income tax, and is paid pursuant to a contract | ||||||
2 | or agreement that reflects arm's-length terms; | ||||||
3 | or | ||||||
4 | (iii) any item of intangible expense or cost | ||||||
5 | paid, accrued, or incurred, directly or | ||||||
6 | indirectly, from a transaction with a person if the | ||||||
7 | taxpayer establishes by clear and convincing | ||||||
8 | evidence, that the adjustments are unreasonable; | ||||||
9 | or if the taxpayer and the Director agree in | ||||||
10 | writing to the application or use of an alternative | ||||||
11 | method of apportionment under Section 304(f);
| ||||||
12 | Nothing in this subsection shall preclude the | ||||||
13 | Director from making any other adjustment | ||||||
14 | otherwise allowed under Section 404 of this Act for | ||||||
15 | any tax year beginning after the effective date of | ||||||
16 | this amendment provided such adjustment is made | ||||||
17 | pursuant to regulation adopted by the Department | ||||||
18 | and such regulations provide methods and standards | ||||||
19 | by which the Department will utilize its authority | ||||||
20 | under Section 404 of this Act;
| ||||||
21 | (D-9) For taxable years ending on or after December | ||||||
22 | 31, 2008, an amount equal to the amount of insurance | ||||||
23 | premium expenses and costs otherwise allowed as a | ||||||
24 | deduction in computing base income, and that were paid, | ||||||
25 | accrued, or incurred, directly or indirectly, to a | ||||||
26 | person who would be a member of the same unitary |
| |||||||
| |||||||
1 | business group but for the fact that the person is | ||||||
2 | prohibited under Section 1501(a)(27) from being | ||||||
3 | included in the unitary business group because he or | ||||||
4 | she is ordinarily required to apportion business | ||||||
5 | income under different subsections of Section 304. The | ||||||
6 | addition modification required by this subparagraph | ||||||
7 | shall be reduced to the extent that dividends were | ||||||
8 | included in base income of the unitary group for the | ||||||
9 | same taxable year and received by the taxpayer or by a | ||||||
10 | member of the taxpayer's unitary business group | ||||||
11 | (including amounts included in gross income under | ||||||
12 | Sections 951 through 964 of the Internal Revenue Code | ||||||
13 | and amounts included in gross income under Section 78 | ||||||
14 | of the Internal Revenue Code) with respect to the stock | ||||||
15 | of the same person to whom the premiums and costs were | ||||||
16 | directly or indirectly paid, incurred, or accrued. The | ||||||
17 | preceding sentence does not apply to the extent that | ||||||
18 | the same dividends caused a reduction to the addition | ||||||
19 | modification required under Section 203(d)(2)(D-7) or | ||||||
20 | Section 203(d)(2)(D-8) of this 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;
|
| |||||||
| |||||||
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 net | ||||||
10 | 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
| ||||||
14 | in 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 | (I) An amount equal to all amounts of income | ||||||
18 | distributable to an entity
subject to the Personal | ||||||
19 | Property Tax Replacement Income Tax imposed by
| ||||||
20 | subsections (c) and (d) of Section 201 of this Act | ||||||
21 | including amounts
distributable to organizations | ||||||
22 | exempt from federal income tax by reason of
Section | ||||||
23 | 501(a) of the Internal Revenue Code;
| ||||||
24 | (J) With the exception of any amounts subtracted | ||||||
25 | under subparagraph
(G),
an amount equal to the sum of | ||||||
26 | all amounts disallowed as deductions
by (i) Sections |
| |||||||
| |||||||
1 | 171(a) (2), and 265(2) of the Internal Revenue Code of | ||||||
2 | 1954,
as now or hereafter amended, and all amounts of | ||||||
3 | expenses allocable to
interest and disallowed as | ||||||
4 | deductions by Section 265(1) of the Internal
Revenue | ||||||
5 | Code, as now or hereafter amended;
and (ii) for taxable | ||||||
6 | years
ending on or after August 13, 1999, Sections
| ||||||
7 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
8 | Internal Revenue Code; the provisions of this
| ||||||
9 | subparagraph are exempt from the provisions of Section | ||||||
10 | 250;
| ||||||
11 | (K) An amount equal to those dividends included in | ||||||
12 | such total which were
paid by a corporation which | ||||||
13 | conducts business operations in an Enterprise
Zone or | ||||||
14 | zones created under the Illinois Enterprise Zone Act, | ||||||
15 | enacted by
the 82nd General Assembly, or a River Edge | ||||||
16 | Redevelopment Zone or zones created under the River | ||||||
17 | Edge Redevelopment Zone Act and
conducts substantially | ||||||
18 | all of its operations
in an Enterprise Zone or Zones or | ||||||
19 | from a River Edge Redevelopment Zone or zones. This | ||||||
20 | subparagraph (K) is exempt from the provisions of | ||||||
21 | Section 250;
| ||||||
22 | (L) An amount equal to any contribution made to a | ||||||
23 | job training project
established pursuant to the Real | ||||||
24 | Property Tax Increment Allocation
Redevelopment Act;
| ||||||
25 | (M) An amount equal to those dividends included in | ||||||
26 | such total
that were paid by a corporation that |
| |||||||
| |||||||
1 | conducts business operations in a
federally designated | ||||||
2 | Foreign Trade Zone or Sub-Zone and that is designated a
| ||||||
3 | High Impact Business located in Illinois; provided | ||||||
4 | that dividends eligible
for the deduction provided in | ||||||
5 | subparagraph (K) of paragraph (2) of this
subsection | ||||||
6 | shall not be eligible for the deduction provided under | ||||||
7 | this
subparagraph (M);
| ||||||
8 | (N) An amount equal to the amount of the deduction | ||||||
9 | used to compute the
federal income tax credit for | ||||||
10 | restoration of substantial amounts held under
claim of | ||||||
11 | right for the taxable year pursuant to Section 1341 of | ||||||
12 | the
Internal Revenue Code of 1986;
| ||||||
13 | (O) 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) of Section 168 of the Internal | ||||||
17 | Revenue Code and for each
applicable taxable year | ||||||
18 | 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) of Section | ||||||
24 | 168 of the Internal
Revenue Code, but not including | ||||||
25 | the bonus depreciation deduction;
| ||||||
26 | (2) for taxable years ending on or before |
| |||||||
| |||||||
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 by | ||||||
10 | 0.429); and | ||||||
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 | The aggregate amount deducted under this | ||||||
16 | subparagraph in all taxable
years for any one piece of | ||||||
17 | property may not exceed the amount of the bonus
| ||||||
18 | depreciation deduction
taken on that property on the | ||||||
19 | taxpayer's federal income tax return under
subsection | ||||||
20 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
21 | subparagraph (O) is exempt from the provisions of | ||||||
22 | Section 250;
| ||||||
23 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
24 | otherwise disposes of
property for which the taxpayer | ||||||
25 | was required in any taxable year to make an
addition | ||||||
26 | modification under subparagraph (D-5), then an amount |
| |||||||
| |||||||
1 | equal to that
addition modification.
| ||||||
2 | If the taxpayer continues to own property through | ||||||
3 | the last day of the last tax year for which the | ||||||
4 | taxpayer may claim a depreciation deduction for | ||||||
5 | federal income tax purposes and for which the taxpayer | ||||||
6 | was required in any taxable year to make an addition | ||||||
7 | modification under subparagraph (D-5), then an amount | ||||||
8 | equal to that addition modification.
| ||||||
9 | The taxpayer is allowed to take the deduction under | ||||||
10 | this subparagraph
only once with respect to any one | ||||||
11 | piece of property. | ||||||
12 | This subparagraph (P) is exempt from the | ||||||
13 | provisions of Section 250;
| ||||||
14 | (Q) The amount of (i) any interest income (net of | ||||||
15 | the deductions allocable thereto) taken into account | ||||||
16 | for the taxable year with respect to a transaction with | ||||||
17 | a taxpayer that is required to make an addition | ||||||
18 | modification with respect to such transaction under | ||||||
19 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
20 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
21 | the amount of such addition modification and
(ii) any | ||||||
22 | income from intangible property (net of the deductions | ||||||
23 | allocable thereto) taken into account for the taxable | ||||||
24 | year with respect to a transaction with a taxpayer that | ||||||
25 | is required to make an addition modification with | ||||||
26 | respect to such transaction under Section |
| |||||||
| |||||||
1 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
2 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
3 | addition modification. This subparagraph (Q) is exempt | ||||||
4 | from Section 250;
| ||||||
5 | (R) An amount equal to the interest income taken | ||||||
6 | into account for the taxable year (net of the | ||||||
7 | deductions allocable thereto) with respect to | ||||||
8 | transactions with (i) a foreign person who would be a | ||||||
9 | member of the taxpayer's unitary business group but for | ||||||
10 | the fact that the foreign person's business activity | ||||||
11 | outside the United States is 80% or more of that | ||||||
12 | person's total business activity and (ii) for taxable | ||||||
13 | years ending on or after December 31, 2008, to a person | ||||||
14 | who would be a member of the same unitary business | ||||||
15 | group but for the fact that the person is prohibited | ||||||
16 | under Section 1501(a)(27) from being included in the | ||||||
17 | unitary business group because he or she is ordinarily | ||||||
18 | required to apportion business income under different | ||||||
19 | subsections of Section 304, but not to exceed the | ||||||
20 | addition modification required to be made for the same | ||||||
21 | taxable year under Section 203(d)(2)(D-7) for interest | ||||||
22 | paid, accrued, or incurred, directly or indirectly, to | ||||||
23 | the same person. This subparagraph (R) is exempt from | ||||||
24 | Section 250; and | ||||||
25 | (S) An amount equal to the income from intangible | ||||||
26 | property taken into account for the taxable year (net |
| |||||||
| |||||||
1 | of the deductions allocable thereto) with respect to | ||||||
2 | transactions with (i) a foreign person who would be a | ||||||
3 | member of the taxpayer's unitary business group but for | ||||||
4 | the fact that the foreign person's business activity | ||||||
5 | outside the United States is 80% or more of that | ||||||
6 | person's total business activity and (ii) for taxable | ||||||
7 | years ending on or after December 31, 2008, to a person | ||||||
8 | who would be a member of the same unitary business | ||||||
9 | group but for the fact that the person is prohibited | ||||||
10 | under Section 1501(a)(27) from being included in the | ||||||
11 | unitary business group because he or she is ordinarily | ||||||
12 | required to apportion business income under different | ||||||
13 | subsections of Section 304, but not to exceed the | ||||||
14 | addition modification required to be made for the same | ||||||
15 | taxable year under Section 203(d)(2)(D-8) for | ||||||
16 | intangible expenses and costs paid, accrued, or | ||||||
17 | incurred, directly or indirectly, to the same person. | ||||||
18 | This subparagraph (S) is exempt from Section 250 ; and .
| ||||||
19 | (T) | ||||||
20 | (T) To the extent properly includable in the gross | ||||||
21 | income for federal income tax purposes of a designated | ||||||
22 | beneficiary, as defined in the Homecare Option Program | ||||||
23 | for the Elderly Act, an amount equal to the interest | ||||||
24 | earned on contributions to accounts established for | ||||||
25 | the designated beneficiary pursuant to that Act.
|
| |||||||
| |||||||
1 | (e) Gross income; adjusted gross income; taxable income.
| ||||||
2 | (1) In general. Subject to the provisions of paragraph | ||||||
3 | (2) and
subsection (b) (3), for purposes of this Section | ||||||
4 | and Section 803(e), a
taxpayer's gross income, adjusted | ||||||
5 | gross income, or taxable income for
the taxable year shall | ||||||
6 | mean the amount of gross income, adjusted gross
income or | ||||||
7 | taxable income properly reportable for federal income tax
| ||||||
8 | purposes for the taxable year under the provisions of the | ||||||
9 | Internal
Revenue Code. Taxable income may be less than | ||||||
10 | zero. However, for taxable
years ending on or after | ||||||
11 | December 31, 1986, net operating loss
carryforwards from | ||||||
12 | taxable years ending prior to December 31, 1986, may not
| ||||||
13 | exceed the sum of federal taxable income for the taxable | ||||||
14 | year before net
operating loss deduction, plus the excess | ||||||
15 | of addition modifications over
subtraction modifications | ||||||
16 | for the taxable year. For taxable years ending
prior to | ||||||
17 | December 31, 1986, taxable income may never be an amount in | ||||||
18 | excess
of the net operating loss for the taxable year as | ||||||
19 | defined in subsections
(c) and (d) of Section 172 of the | ||||||
20 | Internal Revenue Code, provided that when
taxable income of | ||||||
21 | a corporation (other than a Subchapter S corporation),
| ||||||
22 | trust, or estate is less than zero and addition | ||||||
23 | modifications, other than
those provided by subparagraph | ||||||
24 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
25 | subparagraph (E) of paragraph (2) of subsection (c) for
| ||||||
26 | trusts and estates, exceed subtraction modifications, an |
| |||||||
| |||||||
1 | addition
modification must be made under those | ||||||
2 | subparagraphs for any other taxable
year to which the | ||||||
3 | taxable income less than zero (net operating loss) is
| ||||||
4 | applied under Section 172 of the Internal Revenue Code or | ||||||
5 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
6 | (e) applied in
conjunction with Section 172 of the Internal | ||||||
7 | Revenue Code.
| ||||||
8 | (2) Special rule. For purposes of paragraph (1) of this | ||||||
9 | subsection,
the taxable income properly reportable for | ||||||
10 | federal income tax purposes
shall mean:
| ||||||
11 | (A) Certain life insurance companies. In the case | ||||||
12 | of a life
insurance company subject to the tax imposed | ||||||
13 | by Section 801 of the
Internal Revenue Code, life | ||||||
14 | insurance company taxable income, plus the
amount of | ||||||
15 | distribution from pre-1984 policyholder surplus | ||||||
16 | accounts as
calculated under Section 815a of the | ||||||
17 | Internal Revenue Code;
| ||||||
18 | (B) Certain other insurance companies. In the case | ||||||
19 | of mutual
insurance companies subject to the tax | ||||||
20 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
21 | insurance company taxable income;
| ||||||
22 | (C) Regulated investment companies. In the case of | ||||||
23 | a regulated
investment company subject to the tax | ||||||
24 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
25 | investment company taxable income;
| ||||||
26 | (D) Real estate investment trusts. In the case of a |
| |||||||
| |||||||
1 | real estate
investment trust subject to the tax imposed | ||||||
2 | by Section 857 of the
Internal Revenue Code, real | ||||||
3 | estate investment trust taxable income;
| ||||||
4 | (E) Consolidated corporations. In the case of a | ||||||
5 | corporation which
is a member of an affiliated group of | ||||||
6 | corporations filing a consolidated
income tax return | ||||||
7 | for the taxable year for federal income tax purposes,
| ||||||
8 | taxable income determined as if such corporation had | ||||||
9 | filed a separate
return for federal income tax purposes | ||||||
10 | for the taxable year and each
preceding taxable year | ||||||
11 | for which it was a member of an affiliated group.
For | ||||||
12 | purposes of this subparagraph, the taxpayer's separate | ||||||
13 | taxable
income shall be determined as if the election | ||||||
14 | provided by Section
243(b) (2) of the Internal Revenue | ||||||
15 | Code had been in effect for all such years;
| ||||||
16 | (F) Cooperatives. In the case of a cooperative | ||||||
17 | corporation or
association, the taxable income of such | ||||||
18 | organization determined in
accordance with the | ||||||
19 | provisions of Section 1381 through 1388 of the
Internal | ||||||
20 | Revenue Code;
| ||||||
21 | (G) Subchapter S corporations. In the case of: (i) | ||||||
22 | a Subchapter S
corporation for which there is in effect | ||||||
23 | an election for the taxable year
under Section 1362 of | ||||||
24 | the Internal Revenue Code, the taxable income of such
| ||||||
25 | corporation determined in accordance with Section | ||||||
26 | 1363(b) of the Internal
Revenue Code, except that |
| |||||||
| |||||||
1 | taxable income shall take into
account those items | ||||||
2 | which are required by Section 1363(b)(1) of the
| ||||||
3 | Internal Revenue Code to be separately stated; and (ii) | ||||||
4 | a Subchapter
S corporation for which there is in effect | ||||||
5 | a federal election to opt out of
the provisions of the | ||||||
6 | Subchapter S Revision Act of 1982 and have applied
| ||||||
7 | instead the prior federal Subchapter S rules as in | ||||||
8 | effect on July 1, 1982,
the taxable income of such | ||||||
9 | corporation determined in accordance with the
federal | ||||||
10 | Subchapter S rules as in effect on July 1, 1982; and
| ||||||
11 | (H) Partnerships. In the case of a partnership, | ||||||
12 | taxable income
determined in accordance with Section | ||||||
13 | 703 of the Internal Revenue Code,
except that taxable | ||||||
14 | income shall take into account those items which are
| ||||||
15 | required by Section 703(a)(1) to be separately stated | ||||||
16 | but which would be
taken into account by an individual | ||||||
17 | in calculating his taxable income.
| ||||||
18 | (3) Recapture of business expenses on disposition of | ||||||
19 | asset or business. Notwithstanding any other law to the | ||||||
20 | contrary, if in prior years income from an asset or | ||||||
21 | business has been classified as business income and in a | ||||||
22 | later year is demonstrated to be non-business income, then | ||||||
23 | all expenses, without limitation, deducted in such later | ||||||
24 | year and in the 2 immediately preceding taxable years | ||||||
25 | related to that asset or business that generated the | ||||||
26 | non-business income shall be added back and recaptured as |
| |||||||
| |||||||
1 | business income in the year of the disposition of the asset | ||||||
2 | or business. Such amount shall be apportioned to Illinois | ||||||
3 | using the greater of the apportionment fraction computed | ||||||
4 | for the business under Section 304 of this Act for the | ||||||
5 | taxable year or the average of the apportionment fractions | ||||||
6 | computed for the business under Section 304 of this Act for | ||||||
7 | the taxable year and for the 2 immediately preceding | ||||||
8 | taxable years.
| ||||||
9 | (f) Valuation limitation amount.
| ||||||
10 | (1) In general. The valuation limitation amount | ||||||
11 | referred to in
subsections (a) (2) (G), (c) (2) (I) and | ||||||
12 | (d)(2) (E) is an amount equal to:
| ||||||
13 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
14 | amounts (to the
extent consisting of gain reportable | ||||||
15 | under the provisions of Section
1245 or 1250 of the | ||||||
16 | Internal Revenue Code) for all property in respect
of | ||||||
17 | which such gain was reported for the taxable year; plus
| ||||||
18 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
19 | 1969 appreciation
amounts (to the extent consisting of | ||||||
20 | capital gain) for all property in
respect of which such | ||||||
21 | gain was reported for federal income tax purposes
for | ||||||
22 | the taxable year, or (ii) the net capital gain for the | ||||||
23 | taxable year,
reduced in either case by any amount of | ||||||
24 | such gain included in the amount
determined under | ||||||
25 | subsection (a) (2) (F) or (c) (2) (H).
|
| |||||||
| |||||||
1 | (2) Pre-August 1, 1969 appreciation amount.
| ||||||
2 | (A) If the fair market value of property referred | ||||||
3 | to in paragraph
(1) was readily ascertainable on August | ||||||
4 | 1, 1969, the pre-August 1, 1969
appreciation amount for | ||||||
5 | such property is the lesser of (i) the excess of
such | ||||||
6 | fair market value over the taxpayer's basis (for | ||||||
7 | determining gain)
for such property on that date | ||||||
8 | (determined under the Internal Revenue
Code as in | ||||||
9 | effect on that date), or (ii) the total gain realized | ||||||
10 | and
reportable for federal income tax purposes in | ||||||
11 | respect of the sale,
exchange or other disposition of | ||||||
12 | such property.
| ||||||
13 | (B) If the fair market value of property referred | ||||||
14 | to in paragraph
(1) was not readily ascertainable on | ||||||
15 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
16 | amount for such property is that amount which bears
the | ||||||
17 | same ratio to the total gain reported in respect of the | ||||||
18 | property for
federal income tax purposes for the | ||||||
19 | taxable year, as the number of full
calendar months in | ||||||
20 | that part of the taxpayer's holding period for the
| ||||||
21 | property ending July 31, 1969 bears to the number of | ||||||
22 | full calendar
months in the taxpayer's entire holding | ||||||
23 | period for the
property.
| ||||||
24 | (C) The Department shall prescribe such | ||||||
25 | regulations as may be
necessary to carry out the | ||||||
26 | purposes of this paragraph.
|
| |||||||
| |||||||
1 | (g) Double deductions. Unless specifically provided | ||||||
2 | otherwise, nothing
in this Section shall permit the same item | ||||||
3 | to be deducted more than once.
| ||||||
4 | (h) Legislative intention. Except as expressly provided by | ||||||
5 | this
Section there shall be no modifications or limitations on | ||||||
6 | the amounts
of income, gain, loss or deduction taken into | ||||||
7 | account in determining
gross income, adjusted gross income or | ||||||
8 | taxable income for federal income
tax purposes for the taxable | ||||||
9 | year, or in the amount of such items
entering into the | ||||||
10 | computation of base income and net income under this
Act for | ||||||
11 | such taxable year, whether in respect of property values as of
| ||||||
12 | August 1, 1969 or otherwise.
| ||||||
13 | (Source: P.A. 94-776, eff. 5-19-06; 94-789, eff. 5-19-06; | ||||||
14 | 94-1021, eff. 7-12-06; 94-1074, eff. 12-26-06; 95-23, eff. | ||||||
15 | 8-3-07; 95-233, eff. 8-16-07; 95-286, eff. 8-20-07; 95-331, | ||||||
16 | eff. 8-21-07; 95-707, eff. 1-11-08; 95-876, eff. 8-21-08; | ||||||
17 | revised 10-15-08.)
| ||||||
18 | Section 95. The Illinois Securities Law of 1953 is amended | ||||||
19 | by changing Section 3 as follows:
| ||||||
20 | (815 ILCS 5/3) (from Ch. 121 1/2, par. 137.3)
| ||||||
21 | Sec. 3.
The provisions of Sections 2a, 5, 6 and 7 of this | ||||||
22 | Act shall not
apply to any of the following securities:
|
| |||||||
| |||||||
1 | A. Any security (including a revenue obligation) issued or | ||||||
2 | guaranteed
by the United States, any state, any political | ||||||
3 | subdivision of a
state, or any agency or corporation or other | ||||||
4 | instrumentality
of any one or more of the foregoing, or any | ||||||
5 | certificate of deposit for
any such security.
| ||||||
6 | B. Any security issued or guaranteed by Canada, any | ||||||
7 | Canadian province,
any political subdivision of any such | ||||||
8 | province, any agency or corporation
or other instrumentality of | ||||||
9 | one or more of the foregoing, or any other
foreign government | ||||||
10 | with which the United States then maintains diplomatic
| ||||||
11 | relations, if the security is recognized as a valid obligation | ||||||
12 | by the issuer
or guarantor.
| ||||||
13 | C. (1) Any security issued by and representing an interest | ||||||
14 | in or a debt of,
or guaranteed by, any bank or savings bank, | ||||||
15 | bank holding company, or credit
union
organized under the laws | ||||||
16 | of
the United States, or any bank, savings bank, savings | ||||||
17 | institution or trust
company organized and supervised under the | ||||||
18 | laws of any state, or any
interest or participation in any | ||||||
19 | common trust fund or similar fund
maintained by any such bank, | ||||||
20 | savings bank, savings institution or trust
company exclusively | ||||||
21 | for the collective investment and reinvestment of
assets | ||||||
22 | contributed thereto by such bank, savings bank, savings | ||||||
23 | institution
or trust company or any affiliate thereof, in its | ||||||
24 | capacity as fiduciary,
trustee, executor, administrator or | ||||||
25 | guardian.
| ||||||
26 | (2) Any security issued or guaranteed to both principal and |
| |||||||
| |||||||
1 | interest by
an international bank of which the United States is | ||||||
2 | a member.
| ||||||
3 | D. (1) Any security issued by and representing an interest | ||||||
4 | in or a debt
of, or guaranteed by, any federal savings and loan | ||||||
5 | association, or any
savings and loan association or building | ||||||
6 | and loan association organized and
supervised under the laws of | ||||||
7 | any state.
| ||||||
8 | (2) Any security issued or guaranteed by any federal credit
| ||||||
9 | union or any credit union, industrial loan association, or | ||||||
10 | similar organization
organized and supervised under the laws of | ||||||
11 | any state.
| ||||||
12 | E. Any security issued or guaranteed by any railroad, other | ||||||
13 | common
carrier, public utility or holding company where such | ||||||
14 | issuer or guarantor
is subject to the jurisdiction of the | ||||||
15 | Interstate Commerce Commission or
successor entity, or is
a | ||||||
16 | registered holding company under the Public Utility Holding | ||||||
17 | Company Act
of 1935 or a subsidiary of such a company within | ||||||
18 | the meaning of that Act,
or is regulated in respect of its | ||||||
19 | rates and charges by a governmental
authority of the United | ||||||
20 | States or any state, or is regulated in respect of
the issuance | ||||||
21 | or guarantee of the security by a governmental authority of
the | ||||||
22 | United States, any state, Canada, or any Canadian province.
| ||||||
23 | F. Equipment trust certificates in respect of equipment | ||||||
24 | leased or
conditionally sold to a person, if securities issued | ||||||
25 | by such person
would be exempt under subsection E of this | ||||||
26 | Section.
|
| |||||||
| |||||||
1 | G. Any security which at the time of sale
is listed or | ||||||
2 | approved for
listing upon notice of issuance on the New York | ||||||
3 | Stock Exchange, Inc., the
American Stock Exchange, Inc., the | ||||||
4 | Pacific Stock Exchange, Inc., the
Chicago Stock Exchange, Inc., | ||||||
5 | the Chicago Board of Trade, the
Philadelphia
Stock Exchange, | ||||||
6 | Inc., the Chicago Board Options Exchange, Incorporated, the | ||||||
7 | National Market System of the Nasdaq Stock Market, or
any other | ||||||
8 | exchange, automated quotation system or board of trade which | ||||||
9 | the
Secretary of State, by rule or regulation, deems to have | ||||||
10 | substantially
equivalent standards for listing or designation | ||||||
11 | as required by any such
exchange, automated quotation system or | ||||||
12 | board of trade; and securities
senior or of substantially equal | ||||||
13 | rank, both as to dividends or interest and
upon liquidation, to | ||||||
14 | securities so listed or designated; and warrants and
rights to | ||||||
15 | purchase any of the foregoing; provided, however, that this
| ||||||
16 | subsection G shall not apply to investment fund shares or | ||||||
17 | securities of
like character, which are being continually | ||||||
18 | offered at a price or prices
determined in accordance with a | ||||||
19 | prescribed formula.
| ||||||
20 | The Secretary of State may, after notice and opportunity | ||||||
21 | for hearing,
revoke the exemption afforded by this
subparagraph | ||||||
22 | with respect to any securities by issuing an order
if the | ||||||
23 | Secretary of State finds that the further sale of the
| ||||||
24 | securities in this State would work or tend to work a fraud on | ||||||
25 | purchasers of
the securities.
| ||||||
26 | H. Any security issued by a person organized and operated |
| |||||||
| |||||||
1 | not for
pecuniary profit and exclusively for religious, | ||||||
2 | educational, benevolent,
fraternal, agricultural, charitable, | ||||||
3 | athletic, professional, trade, social
or reformatory purposes, | ||||||
4 | or as a chamber of commerce or local industrial
development | ||||||
5 | corporation, or for more than one of said purposes and no part
| ||||||
6 | of the net earnings of which inures to the benefit of any | ||||||
7 | private
stockholder or member.
| ||||||
8 | I. Instruments evidencing indebtedness under an agreement | ||||||
9 | for the
acquisition of property under contract of conditional | ||||||
10 | sale.
| ||||||
11 | J. A note secured by a first mortgage upon tangible | ||||||
12 | personal or real
property when such mortgage is made, assigned, | ||||||
13 | sold, transferred and
delivered with such note or other written | ||||||
14 | obligation secured by such
mortgage, either to or for the | ||||||
15 | benefit of the purchaser or lender; or
bonds or notes not more | ||||||
16 | than 10 in number secured by a first mortgage
upon the title in | ||||||
17 | fee simple to real property if the aggregate principal
amount | ||||||
18 | secured by such mortgage does not exceed $500,000 and also does | ||||||
19 | not
exceed 75% of the fair market value of such real property.
| ||||||
20 | K. A note or notes not more than 10 in number secured by a | ||||||
21 | junior
mortgage lien if the aggregate principal amount of the | ||||||
22 | indebtedness
represented thereby does not exceed 50% of the | ||||||
23 | amount of the then
outstanding prior lien indebtedness and | ||||||
24 | provided that the total amount
of the indebtedness (including | ||||||
25 | the indebtedness represented by the
subject junior mortgage | ||||||
26 | note or notes) shall not exceed 90% of the fair
market value of |
| |||||||
| |||||||
1 | the property securing such indebtedness; and provided
further | ||||||
2 | that each such note or notes shall bear across the face thereof
| ||||||
3 | the following legend in letters at least as large as 12 point
| ||||||
4 | type: "THIS NOTE IS SECURED BY A JUNIOR MORTGAGE".
| ||||||
5 | L. Any negotiable promissory note or draft, bill of | ||||||
6 | exchange or
bankers' acceptance which arises out of a current | ||||||
7 | transaction or the
proceeds of which have been or are to be | ||||||
8 | used for current transactions, and
which evidences an | ||||||
9 | obligation to pay cash within 9 months of the date of
issuance | ||||||
10 | exclusive of days of grace, or any renewal of such note, draft,
| ||||||
11 | bill or acceptance which is likewise limited, or any guarantee | ||||||
12 | of such
note, draft, bill or acceptance or of any such renewal, | ||||||
13 | provided that the
note, draft, bill, or acceptance is a | ||||||
14 | negotiable security eligible for
discounting by banks that are | ||||||
15 | members of the Federal Reserve System. Any
instrument
exempted | ||||||
16 | under this subsection from the requirement of Sections 5, 6, | ||||||
17 | and 7
of this Act shall bear across the face thereof the | ||||||
18 | following
legend in letters at least as large as 12 point type: | ||||||
19 | "THIS INSTRUMENT
IS NEITHER GUARANTEED, NOR IS THE ISSUANCE | ||||||
20 | THEREOF REGULATED BY ANY AGENCY
OR DEPARTMENT OF THE STATE OF | ||||||
21 | ILLINOIS OR THE UNITED STATES.". However,
the foregoing legend | ||||||
22 | shall not be required with respect to any such instrument:
| ||||||
23 | (i) sold to a person described in subsection C or H of | ||||||
24 | Section 4 of
this Act;
| ||||||
25 | (ii) sold to a "Qualified Institutional Buyer" as that | ||||||
26 | term is defined
in Rule 144a adopted under the Securities |
| |||||||
| |||||||
1 | Act of 1933;
| ||||||
2 | (iii) where the minimum initial subscription for the | ||||||
3 | purchase of such
instrument is $100,000 or more; or
| ||||||
4 | (iv) issued by an issuer that has any class of | ||||||
5 | securities registered
under Section 12 of the Securities | ||||||
6 | Exchange Act of 1934 or has any
outstanding class of | ||||||
7 | indebtedness rated in one of the 3 highest categories
by a | ||||||
8 | rating agency designated by the Department;
| ||||||
9 | M. Any security issued by and representing an interest in | ||||||
10 | or a debt of,
or guaranteed by, any insurance company organized | ||||||
11 | under the laws of any
state.
| ||||||
12 | N. Any security issued pursuant to (i) a written | ||||||
13 | compensatory benefit plan
(including without limitation, any | ||||||
14 | purchase, savings, option, bonus, stock
appreciation, profit | ||||||
15 | sharing, thrift, incentive, pension, or similar plan) and
| ||||||
16 | interests in such plans established by one or more of the | ||||||
17 | issuers thereof or
its parents or majority-owned subsidiaries | ||||||
18 | for the participation of their
employees, directors, general | ||||||
19 | partners, trustees (where the issuer is a
business trust), | ||||||
20 | officers, or consultants or advisers of such issuers or its
| ||||||
21 | parents or majority-owned subsidiaries, provided that bona | ||||||
22 | fide services are
rendered by consultants or advisers and those | ||||||
23 | services are not in
connection with the offer and sale of | ||||||
24 | securities in a capital-raising
transaction or (ii) a written | ||||||
25 | contract relating to the compensation of any
such person.
| ||||||
26 | O. Any option, put, call, spread or straddle issued by a |
| |||||||
| |||||||
1 | clearing
agency registered as such under the Federal 1934 Act, | ||||||
2 | if the security,
currency, commodity, or other interest | ||||||
3 | underlying the option, put, call,
spread or straddle is not | ||||||
4 | required to be registered under Section 5.
| ||||||
5 | P. Any security which meets all of the following | ||||||
6 | conditions:
| ||||||
7 | (1) If the issuer is not organized under the laws of | ||||||
8 | the United States
or a state, it has appointed a duly | ||||||
9 | authorized agent in the United States
for service of | ||||||
10 | process and has set forth the name and address of the agent
| ||||||
11 | in its prospectus.
| ||||||
12 | (2) A class of the issuer's securities is required to | ||||||
13 | be and is registered
under Section 12 of the Federal 1934 | ||||||
14 | Act, and has been so registered for
the three years | ||||||
15 | immediately preceding the offering date.
| ||||||
16 | (3) Neither the issuer nor a significant subsidiary has | ||||||
17 | had a material
default during the last seven years, or for | ||||||
18 | the period of the issuer's
existence if less than seven | ||||||
19 | years, in the payment of (i) principal,
interest, dividend, | ||||||
20 | or sinking fund installment on preferred stock or
| ||||||
21 | indebtedness for borrowed money, or (ii) rentals under | ||||||
22 | leases with terms of
three years or more.
| ||||||
23 | (4) The issuer has had consolidated net income, before | ||||||
24 | extraordinary items
and the cumulative effect of | ||||||
25 | accounting changes, of at least $1,000,000 in
four of its | ||||||
26 | last five fiscal years including its last fiscal year; and |
| |||||||
| |||||||
1 | if
the offering is of interest bearing securities, has had | ||||||
2 | for its last fiscal
year, net income, before deduction for | ||||||
3 | income taxes and depreciation, of
at least 1-1/2 times the | ||||||
4 | issuer's annual interest expense, giving effect
to the | ||||||
5 | proposed offering and the intended use of the proceeds. For | ||||||
6 | the
purposes of this clause "last fiscal year" means the | ||||||
7 | most recent year for
which audited financial statements are | ||||||
8 | available, provided that such statements
cover a fiscal | ||||||
9 | period ended not more than 15 months from the commencement
| ||||||
10 | of the offering.
| ||||||
11 | (5) If the offering is of stock or shares other than | ||||||
12 | preferred stock or
shares, the securities have voting | ||||||
13 | rights and the rights include (i) the
right to have at | ||||||
14 | least as many votes per share, and (ii) the right to vote
| ||||||
15 | on at least as many general corporate decisions, as each of | ||||||
16 | the issuer's
outstanding classes of stock or shares, except | ||||||
17 | as otherwise required by law.
| ||||||
18 | (6) If the offering is of stock or shares, other than | ||||||
19 | preferred stock or
shares, the securities are owned | ||||||
20 | beneficially or of record, on any date within
six months | ||||||
21 | prior to the commencement of the offering, by at least | ||||||
22 | 1,200
persons, and on that date there are at least 750,000 | ||||||
23 | such shares outstanding
with an aggregate market value, | ||||||
24 | based on the average bid price for that day, of
at least | ||||||
25 | $3,750,000. In connection with the determination of the | ||||||
26 | number
of persons who are beneficial owners of the stock or |
| |||||||
| |||||||
1 | shares of an issuer,
the issuer or dealer may rely in good | ||||||
2 | faith for the purposes of this clause
upon written | ||||||
3 | information furnished by the record owners.
| ||||||
4 | (7) The issuer meets the conditions specified in | ||||||
5 | paragraphs (2), (3)
and (4) of this subsection P if either | ||||||
6 | the issuer or the issuer and
the
issuer's predecessor, | ||||||
7 | taken together, meet such conditions and if: (a) the
| ||||||
8 | succession was primarily for the purpose of changing the | ||||||
9 | state of incorporation
of the predecessor or forming a | ||||||
10 | holding company and the assets and liabilities
of the | ||||||
11 | successor at the time of the succession were substantially | ||||||
12 | the same
as those of the predecessor; or (b) all | ||||||
13 | predecessors met such conditions at the
time of succession | ||||||
14 | and the issuer has continued to do so since the succession.
| ||||||
15 | Q. Any security appearing on the List of OTC Margin Stocks
| ||||||
16 | published by
the Board of Governors of the Federal Reserve | ||||||
17 | System
or any security incorporated by reference to the List
of | ||||||
18 | OTC Margin Stocks by the Board of Governors of the
Federal | ||||||
19 | Reserve System; any other securities
of the same issuer which | ||||||
20 | are of senior or substantially equal rank; any
securities | ||||||
21 | called for by subscription rights or warrants so listed or
| ||||||
22 | approved; or any warrants or rights to purchase or subscribe to | ||||||
23 | any of the
foregoing.
| ||||||
24 | R. Any security issued by a bona fide agricultural | ||||||
25 | cooperative
operating
in this State that is organized under the | ||||||
26 | laws of this State or as a
foreign cooperative association |
| |||||||
| |||||||
1 | organized under the law of another state
that has been duly | ||||||
2 | qualified to transact business in this State.
| ||||||
3 | S. Any participation in the trust established under the | ||||||
4 | Homecare Option for the Elderly Act, and any offering and | ||||||
5 | solicitation of the trust. | ||||||
6 | (Source: P.A. 90-70, eff. 7-8-97; 91-809, eff. 1-1-01.)
|