Sen. Scott M. Bennett

Filed: 4/1/2022

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1150

2    AMENDMENT NO. ______. Amend Senate Bill 1150 by replacing
3everything after the enacting clause with the following:
 
4
"Article 5. INCOME TAX REFUNDS

 
5    Section 5-5. The Illinois Administrative Procedure Act is
6amended by adding Section 5-45.21 as follows:
 
7    (5 ILCS 100/5-45.21 new)
8    Sec. 5-45.21. Emergency rulemaking. To provide for the
9expeditious and timely implementation of this amendatory Act
10of the 102nd General Assembly, emergency rules implementing
11Section 212.1 of the Illinois Income Tax Act may be adopted in
12accordance with Section 5-45 by the Department of Revenue. The
13adoption of emergency rules authorized by Section 5-45 and
14this Section is deemed to be necessary for the public
15interest, safety, and welfare.

 

 

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1    This Section is repealed one year after the effective date
2of this amendatory Act of the 102nd General Assembly.
 
3    Section 5-10. The Illinois Income Tax Act is amended by
4adding Section 212.1 as follows:
 
5    (35 ILCS 5/212.1 new)
6    Sec. 212.1. Fiscal Year 2023 individual income tax
7refunds.
8    (a) Each taxpayer who files an individual income tax
9return under this Act for the taxable year that began on
10January 1, 2021 and has a federal adjusted gross income for
11that taxable year that does not exceed $250,000 for single
12filers or $500,000 for spouses filing a joint return, as
13represented on the taxpayer's individual income tax return
14under this Act, is entitled to a one-time refund under this
15Section. The amount of the refund shall be $100 for single
16filers and $200 for spouses filing a joint return, plus an
17additional $50 for each person who is claimed as a dependent on
18the taxpayer's federal income tax return for the taxable year
19that began on January 1, 2021, not to exceed 3 dependents per
20refund. A taxpayer who files an individual income tax return
21under this Act for the taxable year that began on January 1,
222021, and who is claimed as a dependent on another
23individual's return for that year, is ineligible for the
24refund provided under this Section. Spouses who qualify for a

 

 

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1refund under this Section and who file a joint return shall be
2treated as a single taxpayer for the purposes of the refund
3under this Section. For a part-year resident, the amount of
4the refund under this Section shall be in proportion to the
5amount of the taxpayer's income that is attributable to this
6State for the taxable year that began on January 1, 2021.
7Taxpayers who were non-residents for the taxable year that
8began on January 1, 2021 are not entitled to a refund under
9this Section.
10    (b) As soon as possible after the effective date of this
11amendatory Act of the 102nd General Assembly, the Department
12shall examine each individual income tax return filed for the
13taxable year that began on January 1, 2021 for the purpose of
14granting refunds under this Section. Based on those
15examinations, the Department shall submit a voucher to the
16State Comptroller and the State Treasurer for the amount of
17each refund under this Section. Those vouchers shall be issued
18no later than August 1, 2022. Except as provided in subsection
19(c), payment shall be made to the taxpayer no later than
20October 1, 2022 by a warrant drawn on the State treasury by the
21State Comptroller and countersigned by the State Treasurer.
22    (c) Notwithstanding the provisions of subsection (b), if a
23qualified taxpayer has been granted an extension for the
24filing of his or her Illinois income tax return for the taxable
25year beginning on January 1, 2021, then the voucher for
26payment shall be issued no later than 60 days after the

 

 

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1extended return is accepted by the Department (but in no event
2earlier than August 1, 2022), and payment shall be made to the
3taxpayer within 30 days after the voucher is received by the
4State Comptroller (but in no event earlier than October 1,
52022). If the taxpayer files an amended return indicating that
6he or she is entitled to a refund under this Section that he or
7she did not receive, or indicating that he or she did not
8receive the full refund amount to which he or she is entitled,
9then the refund shall be processed in the same manner as a
10claim for refund under Article 9. If the taxpayer files an
11amended return indicating that he or she received a refund
12under this Section to which he or she is not entitled, then the
13Department shall issue a notice of deficiency as provided in
14Article 9.
15    (d) The amount of a refund under this Section shall not be
16included in the taxpayer's income or resources for the
17purposes of determining eligibility or benefit level in any
18means-tested benefit program administered by a governmental
19entity unless required by federal law.
20    (e) Nothing in this Section prevents a taxpayer from
21receiving the earned income tax credit and the refund under
22this Section for the same taxable year.
23    (f) The Department shall adopt rules for the
24implementation of this Section, including emergency rules
25under Section 5-45.21 of the Illinois Administrative Procedure
26Act.
 

 

 

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1
Article 99. EFFECTIVE DATE

 
2    Section 99-99. Effective date. This Act takes effect upon
3becoming law.".