93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6933

 

Introduced 02/09/04, by Patricia R. Bellock - Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/203   from Ch. 120, par. 2-203

    Amends the Illinois Income Tax Act to allow individual taxpayers, 65 years of age or older, a deduction for unreimbursed amounts spent on home health care services. Applicable to taxable years ending on or after December 31, 2004. Effective immediately.


LRB093 18326 SJM 44032 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT in relation to taxation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Income Tax Act is amended by
5 changing Section 203 as follows:
 
6     (35 ILCS 5/203)  (from Ch. 120, par. 2-203)
7     Sec. 203. Base income defined.
8     (a) Individuals.
9         (1) In general. In the case of an individual, base
10     income means an amount equal to the taxpayer's adjusted
11     gross income for the taxable year as modified by paragraph
12     (2).
13         (2) Modifications. The adjusted gross income referred
14     to in paragraph (1) shall be modified by adding thereto the
15     sum of the following amounts:
16             (A) An amount equal to all amounts paid or accrued
17         to the taxpayer as interest or dividends during the
18         taxable year to the extent excluded from gross income
19         in the computation of adjusted gross income, except
20         stock dividends of qualified public utilities
21         described in Section 305(e) of the Internal Revenue
22         Code;
23             (B) An amount equal to the amount of tax imposed by
24         this Act to the extent deducted from gross income in
25         the computation of adjusted gross income for the
26         taxable year;
27             (C) An amount equal to the amount received during
28         the taxable year as a recovery or refund of real
29         property taxes paid with respect to the taxpayer's
30         principal residence under the Revenue Act of 1939 and
31         for which a deduction was previously taken under
32         subparagraph (L) of this paragraph (2) prior to July 1,

 

 

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1         1991, the retrospective application date of Article 4
2         of Public Act 87-17. In the case of multi-unit or
3         multi-use structures and farm dwellings, the taxes on
4         the taxpayer's principal residence shall be that
5         portion of the total taxes for the entire property
6         which is attributable to such principal residence;
7             (D) An amount equal to the amount of the capital
8         gain deduction allowable under the Internal Revenue
9         Code, to the extent deducted from gross income in the
10         computation of adjusted gross income;
11             (D-5) An amount, to the extent not included in
12         adjusted gross income, equal to the amount of money
13         withdrawn by the taxpayer in the taxable year from a
14         medical care savings account and the interest earned on
15         the account in the taxable year of a withdrawal
16         pursuant to subsection (b) of Section 20 of the Medical
17         Care Savings Account Act or subsection (b) of Section
18         20 of the Medical Care Savings Account Act of 2000;
19             (D-10) For taxable years ending after December 31,
20         1997, an amount equal to any eligible remediation costs
21         that the individual deducted in computing adjusted
22         gross income and for which the individual claims a
23         credit under subsection (l) of Section 201;
24             (D-15) For taxable years 2001 and thereafter, an
25         amount equal to the bonus depreciation deduction (30%
26         of the adjusted basis of the qualified property) taken
27         on the taxpayer's federal income tax return for the
28         taxable year under subsection (k) of Section 168 of the
29         Internal Revenue Code; and
30             (D-16) If the taxpayer reports a capital gain or
31         loss on the taxpayer's federal income tax return for
32         the taxable year based on a sale or transfer of
33         property for which the taxpayer was required in any
34         taxable year to make an addition modification under
35         subparagraph (D-15), then an amount equal to the
36         aggregate amount of the deductions taken in all taxable

 

 

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1         years under subparagraph (Z) with respect to that
2         property. ;
3             The taxpayer is required to make the addition
4         modification under this subparagraph only once with
5         respect to any one piece of property; . and
6             (D-20) (D-15) For taxable years beginning on or
7         after January 1, 2002, in the case of a distribution
8         from a qualified tuition program under Section 529 of
9         the Internal Revenue Code, other than (i) a
10         distribution from a College Savings Pool created under
11         Section 16.5 of the State Treasurer Act or (ii) a
12         distribution from the Illinois Prepaid Tuition Trust
13         Fund, an amount equal to the amount excluded from gross
14         income under Section 529(c)(3)(B);
15     and by deducting from the total so obtained the sum of the
16     following amounts:
17             (E) For taxable years ending before December 31,
18         2001, any amount included in such total in respect of
19         any compensation (including but not limited to any
20         compensation paid or accrued to a serviceman while a
21         prisoner of war or missing in action) paid to a
22         resident by reason of being on active duty in the Armed
23         Forces of the United States and in respect of any
24         compensation paid or accrued to a resident who as a
25         governmental employee was a prisoner of war or missing
26         in action, and in respect of any compensation paid to a
27         resident in 1971 or thereafter for annual training
28         performed pursuant to Sections 502 and 503, Title 32,
29         United States Code as a member of the Illinois National
30         Guard. For taxable years ending on or after December
31         31, 2001, any amount included in such total in respect
32         of any compensation (including but not limited to any
33         compensation paid or accrued to a serviceman while a
34         prisoner of war or missing in action) paid to a
35         resident by reason of being a member of any component
36         of the Armed Forces of the United States and in respect

 

 

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1         of any compensation paid or accrued to a resident who
2         as a governmental employee was a prisoner of war or
3         missing in action, and in respect of any compensation
4         paid to a resident in 2001 or thereafter by reason of
5         being a member of the Illinois National Guard. The
6         provisions of this amendatory Act of the 92nd General
7         Assembly are exempt from the provisions of Section 250;
8             (F) An amount equal to all amounts included in such
9         total pursuant to the provisions of Sections 402(a),
10         402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the
11         Internal Revenue Code, or included in such total as
12         distributions under the provisions of any retirement
13         or disability plan for employees of any governmental
14         agency or unit, or retirement payments to retired
15         partners, which payments are excluded in computing net
16         earnings from self employment by Section 1402 of the
17         Internal Revenue Code and regulations adopted pursuant
18         thereto;
19             (G) The valuation limitation amount;
20             (H) An amount equal to the amount of any tax
21         imposed by this Act which was refunded to the taxpayer
22         and included in such total for the taxable year;
23             (I) An amount equal to all amounts included in such
24         total pursuant to the provisions of Section 111 of the
25         Internal Revenue Code as a recovery of items previously
26         deducted from adjusted gross income in the computation
27         of taxable income;
28             (J) An amount equal to those dividends included in
29         such total which were paid by a corporation which
30         conducts business operations in an Enterprise Zone or
31         zones created under the Illinois Enterprise Zone Act,
32         and conducts substantially all of its operations in an
33         Enterprise Zone or zones;
34             (K) An amount equal to those dividends included in
35         such total that were paid by a corporation that
36         conducts business operations in a federally designated

 

 

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1         Foreign Trade Zone or Sub-Zone and that is designated a
2         High Impact Business located in Illinois; provided
3         that dividends eligible for the deduction provided in
4         subparagraph (J) of paragraph (2) of this subsection
5         shall not be eligible for the deduction provided under
6         this subparagraph (K);
7             (L) For taxable years ending after December 31,
8         1983, an amount equal to all social security benefits
9         and railroad retirement benefits included in such
10         total pursuant to Sections 72(r) and 86 of the Internal
11         Revenue Code;
12             (M) With the exception of any amounts subtracted
13         under subparagraph (N), an amount equal to the sum of
14         all amounts disallowed as deductions by (i) Sections
15         171(a) (2), and 265(2) of the Internal Revenue Code of
16         1954, as now or hereafter amended, and all amounts of
17         expenses allocable to interest and disallowed as
18         deductions by Section 265(1) of the Internal Revenue
19         Code of 1954, as now or hereafter amended; and (ii) for
20         taxable years ending on or after August 13, 1999,
21         Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
22         the Internal Revenue Code; the provisions of this
23         subparagraph are exempt from the provisions of Section
24         250;
25             (N) An amount equal to all amounts included in such
26         total which are exempt from taxation by this State
27         either by reason of its statutes or Constitution or by
28         reason of the Constitution, treaties or statutes of the
29         United States; provided that, in the case of any
30         statute of this State that exempts income derived from
31         bonds or other obligations from the tax imposed under
32         this Act, the amount exempted shall be the interest net
33         of bond premium amortization;
34             (O) An amount equal to any contribution made to a
35         job training project established pursuant to the Tax
36         Increment Allocation Redevelopment Act;

 

 

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1             (P) An amount equal to the amount of the deduction
2         used to compute the federal income tax credit for
3         restoration of substantial amounts held under claim of
4         right for the taxable year pursuant to Section 1341 of
5         the Internal Revenue Code of 1986;
6             (Q) An amount equal to any amounts included in such
7         total, received by the taxpayer as an acceleration in
8         the payment of life, endowment or annuity benefits in
9         advance of the time they would otherwise be payable as
10         an indemnity for a terminal illness;
11             (R) An amount equal to the amount of any federal or
12         State bonus paid to veterans of the Persian Gulf War;
13             (S) An amount, to the extent included in adjusted
14         gross income, equal to the amount of a contribution
15         made in the taxable year on behalf of the taxpayer to a
16         medical care savings account established under the
17         Medical Care Savings Account Act or the Medical Care
18         Savings Account Act of 2000 to the extent the
19         contribution is accepted by the account administrator
20         as provided in that Act;
21             (T) An amount, to the extent included in adjusted
22         gross income, equal to the amount of interest earned in
23         the taxable year on a medical care savings account
24         established under the Medical Care Savings Account Act
25         or the Medical Care Savings Account Act of 2000 on
26         behalf of the taxpayer, other than interest added
27         pursuant to item (D-5) of this paragraph (2);
28             (U) For one taxable year beginning on or after
29         January 1, 1994, an amount equal to the total amount of
30         tax imposed and paid under subsections (a) and (b) of
31         Section 201 of this Act on grant amounts received by
32         the taxpayer under the Nursing Home Grant Assistance
33         Act during the taxpayer's taxable years 1992 and 1993;
34             (V) Beginning with tax years ending on or after
35         December 31, 1995 and ending with tax years ending on
36         or before December 31, 2004, an amount equal to the

 

 

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1         amount paid by a taxpayer who is a self-employed
2         taxpayer, a partner of a partnership, or a shareholder
3         in a Subchapter S corporation for health insurance or
4         long-term care insurance for that taxpayer or that
5         taxpayer's spouse or dependents, to the extent that the
6         amount paid for that health insurance or long-term care
7         insurance may be deducted under Section 213 of the
8         Internal Revenue Code of 1986, has not been deducted on
9         the federal income tax return of the taxpayer, and does
10         not exceed the taxable income attributable to that
11         taxpayer's income, self-employment income, or
12         Subchapter S corporation income; except that no
13         deduction shall be allowed under this item (V) if the
14         taxpayer is eligible to participate in any health
15         insurance or long-term care insurance plan of an
16         employer of the taxpayer or the taxpayer's spouse. The
17         amount of the health insurance and long-term care
18         insurance subtracted under this item (V) shall be
19         determined by multiplying total health insurance and
20         long-term care insurance premiums paid by the taxpayer
21         times a number that represents the fractional
22         percentage of eligible medical expenses under Section
23         213 of the Internal Revenue Code of 1986 not actually
24         deducted on the taxpayer's federal income tax return;
25             (W) For taxable years beginning on or after January
26         1, 1998, all amounts included in the taxpayer's federal
27         gross income in the taxable year from amounts converted
28         from a regular IRA to a Roth IRA. This paragraph is
29         exempt from the provisions of Section 250;
30             (X) For taxable year 1999 and thereafter, an amount
31         equal to the amount of any (i) distributions, to the
32         extent includible in gross income for federal income
33         tax purposes, made to the taxpayer because of his or
34         her status as a victim of persecution for racial or
35         religious reasons by Nazi Germany or any other Axis
36         regime or as an heir of the victim and (ii) items of

 

 

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1         income, to the extent includible in gross income for
2         federal income tax purposes, attributable to, derived
3         from or in any way related to assets stolen from,
4         hidden from, or otherwise lost to a victim of
5         persecution for racial or religious reasons by Nazi
6         Germany or any other Axis regime immediately prior to,
7         during, and immediately after World War II, including,
8         but not limited to, interest on the proceeds receivable
9         as insurance under policies issued to a victim of
10         persecution for racial or religious reasons by Nazi
11         Germany or any other Axis regime by European insurance
12         companies immediately prior to and during World War II;
13         provided, however, this subtraction from federal
14         adjusted gross income does not apply to assets acquired
15         with such assets or with the proceeds from the sale of
16         such assets; provided, further, this paragraph shall
17         only apply to a taxpayer who was the first recipient of
18         such assets after their recovery and who is a victim of
19         persecution for racial or religious reasons by Nazi
20         Germany or any other Axis regime or as an heir of the
21         victim. The amount of and the eligibility for any
22         public assistance, benefit, or similar entitlement is
23         not affected by the inclusion of items (i) and (ii) of
24         this paragraph in gross income for federal income tax
25         purposes. This paragraph is exempt from the provisions
26         of Section 250;
27             (Y) For taxable years beginning on or after January
28         1, 2002, moneys contributed in the taxable year to a
29         College Savings Pool account under Section 16.5 of the
30         State Treasurer Act, except that amounts excluded from
31         gross income under Section 529(c)(3)(C)(i) of the
32         Internal Revenue Code shall not be considered moneys
33         contributed under this subparagraph (Y). This
34         subparagraph (Y) is exempt from the provisions of
35         Section 250;
36             (Z) For taxable years 2001 and thereafter, for the

 

 

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1         taxable year in which the bonus depreciation deduction
2         (30% of the adjusted basis of the qualified property)
3         is taken on the taxpayer's federal income tax return
4         under subsection (k) of Section 168 of the Internal
5         Revenue Code and for each applicable taxable year
6         thereafter, an amount equal to "x", where:
7                 (1) "y" equals the amount of the depreciation
8             deduction taken for the taxable year on the
9             taxpayer's federal income tax return on property
10             for which the bonus depreciation deduction (30% of
11             the adjusted basis of the qualified property) was
12             taken in any year under subsection (k) of Section
13             168 of the Internal Revenue Code, but not including
14             the bonus depreciation deduction; and
15                 (2) "x" equals "y" multiplied by 30 and then
16             divided by 70 (or "y" multiplied by 0.429).
17             The aggregate amount deducted under this
18         subparagraph in all taxable years for any one piece of
19         property may not exceed the amount of the bonus
20         depreciation deduction (30% of the adjusted basis of
21         the qualified property) taken on that property on the
22         taxpayer's federal income tax return under subsection
23         (k) of Section 168 of the Internal Revenue Code; and
24             (AA) If the taxpayer reports a capital gain or loss
25         on the taxpayer's federal income tax return for the
26         taxable year based on a sale or transfer of property
27         for which the taxpayer was required in any taxable year
28         to make an addition modification under subparagraph
29         (D-15), then an amount equal to that addition
30         modification.
31             The taxpayer is allowed to take the deduction under
32         this subparagraph only once with respect to any one
33         piece of property; and
34             (BB) (Z) Any amount included in adjusted gross
35         income, other than salary, received by a driver in a
36         ridesharing arrangement using a motor vehicle; and

 

 

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1             (CC) For taxable years ending on or after December
2         31, 2004, all unreimbursed amounts, but not more than a
3         total amount that would result in a tax liability of
4         less than zero for the taxpayer, expended by persons 65
5         years of age or older for home health services, as
6         defined by Section 2.05 of the Home Health Agency
7         Licensing Act, if provided by a public or private
8         organization licensed under that Act, or for services
9         provided to a person at that person's residence by a
10         licensed practical nurse or registered nurse in
11         accordance with a plan of treatment for illness or
12         infirmity prescribed by a physician.
 
13     (b) Corporations.
14         (1) In general. In the case of a corporation, base
15     income means an amount equal to the taxpayer's taxable
16     income for the taxable year as modified by paragraph (2).
17         (2) Modifications. The taxable income referred to in
18     paragraph (1) shall be modified by adding thereto the sum
19     of the following amounts:
20             (A) An amount equal to all amounts paid or accrued
21         to the taxpayer as interest and all distributions
22         received from regulated investment companies during
23         the taxable year to the extent excluded from gross
24         income in the computation of taxable income;
25             (B) An amount equal to the amount of tax imposed by
26         this Act to the extent deducted from gross income in
27         the computation of taxable income for the taxable year;
28             (C) In the case of a regulated investment company,
29         an amount equal to the excess of (i) the net long-term
30         capital gain for the taxable year, over (ii) the amount
31         of the capital gain dividends designated as such in
32         accordance with Section 852(b)(3)(C) of the Internal
33         Revenue Code and any amount designated under Section
34         852(b)(3)(D) of the Internal Revenue Code,
35         attributable to the taxable year (this amendatory Act

 

 

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1         of 1995 (Public Act 89-89) is declarative of existing
2         law and is not a new enactment);
3             (D) The amount of any net operating loss deduction
4         taken in arriving at taxable income, other than a net
5         operating loss carried forward from a taxable year
6         ending prior to December 31, 1986;
7             (E) For taxable years in which a net operating loss
8         carryback or carryforward from a taxable year ending
9         prior to December 31, 1986 is an element of taxable
10         income under paragraph (1) of subsection (e) or
11         subparagraph (E) of paragraph (2) of subsection (e),
12         the amount by which addition modifications other than
13         those provided by this subparagraph (E) exceeded
14         subtraction modifications in such earlier taxable
15         year, with the following limitations applied in the
16         order that they are listed:
17                 (i) the addition modification relating to the
18             net operating loss carried back or forward to the
19             taxable year from any taxable year ending prior to
20             December 31, 1986 shall be reduced by the amount of
21             addition modification under this subparagraph (E)
22             which related to that net operating loss and which
23             was taken into account in calculating the base
24             income of an earlier taxable year, and
25                 (ii) the addition modification relating to the
26             net operating loss carried back or forward to the
27             taxable year from any taxable year ending prior to
28             December 31, 1986 shall not exceed the amount of
29             such carryback or carryforward;
30             For taxable years in which there is a net operating
31         loss carryback or carryforward from more than one other
32         taxable year ending prior to December 31, 1986, the
33         addition modification provided in this subparagraph
34         (E) shall be the sum of the amounts computed
35         independently under the preceding provisions of this
36         subparagraph (E) for each such taxable year;

 

 

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1             (E-5) For taxable years ending after December 31,
2         1997, an amount equal to any eligible remediation costs
3         that the corporation deducted in computing adjusted
4         gross income and for which the corporation claims a
5         credit under subsection (l) of Section 201;
6             (E-10) For taxable years 2001 and thereafter, an
7         amount equal to the bonus depreciation deduction (30%
8         of the adjusted basis of the qualified property) taken
9         on the taxpayer's federal income tax return for the
10         taxable year under subsection (k) of Section 168 of the
11         Internal Revenue Code; and
12             (E-11) If the taxpayer reports a capital gain or
13         loss on the taxpayer's federal income tax return for
14         the taxable year based on a sale or transfer of
15         property for which the taxpayer was required in any
16         taxable year to make an addition modification under
17         subparagraph (E-10), then an amount equal to the
18         aggregate amount of the deductions taken in all taxable
19         years under subparagraph (T) with respect to that
20         property. ;
21             The taxpayer is required to make the addition
22         modification under this subparagraph only once with
23         respect to any one piece of property;
24     and by deducting from the total so obtained the sum of the
25     following amounts:
26             (F) An amount equal to the amount of any tax
27         imposed by this Act which was refunded to the taxpayer
28         and included in such total for the taxable year;
29             (G) An amount equal to any amount included in such
30         total under Section 78 of the Internal Revenue Code;
31             (H) In the case of a regulated investment company,
32         an amount equal to the amount of exempt interest
33         dividends as defined in subsection (b) (5) of Section
34         852 of the Internal Revenue Code, paid to shareholders
35         for the taxable year;
36             (I) With the exception of any amounts subtracted

 

 

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1         under subparagraph (J), an amount equal to the sum of
2         all amounts disallowed as deductions by (i) Sections
3         171(a) (2), and 265(a)(2) and amounts disallowed as
4         interest expense by Section 291(a)(3) of the Internal
5         Revenue Code, as now or hereafter amended, and all
6         amounts of expenses allocable to interest and
7         disallowed as deductions by Section 265(a)(1) of the
8         Internal Revenue Code, as now or hereafter amended; and
9         (ii) for taxable years ending on or after August 13,
10         1999, Sections 171(a)(2), 265, 280C, 291(a)(3), and
11         832(b)(5)(B)(i) of the Internal Revenue Code; the
12         provisions of this subparagraph are exempt from the
13         provisions of Section 250;
14             (J) An amount equal to all amounts included in such
15         total which are exempt from taxation by this State
16         either by reason of its statutes or Constitution or by
17         reason of the Constitution, treaties or statutes of the
18         United States; provided that, in the case of any
19         statute of this State that exempts income derived from
20         bonds or other obligations from the tax imposed under
21         this Act, the amount exempted shall be the interest net
22         of bond premium amortization;
23             (K) An amount equal to those dividends included in
24         such total which were paid by a corporation which
25         conducts business operations in an Enterprise Zone or
26         zones created under the Illinois Enterprise Zone Act
27         and conducts substantially all of its operations in an
28         Enterprise Zone or zones;
29             (L) An amount equal to those dividends included in
30         such total that were paid by a corporation that
31         conducts business operations in a federally designated
32         Foreign Trade Zone or Sub-Zone and that is designated a
33         High Impact Business located in Illinois; provided
34         that dividends eligible for the deduction provided in
35         subparagraph (K) of paragraph 2 of this subsection
36         shall not be eligible for the deduction provided under

 

 

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1         this subparagraph (L);
2             (M) For any taxpayer that is a financial
3         organization within the meaning of Section 304(c) of
4         this Act, an amount included in such total as interest
5         income from a loan or loans made by such taxpayer to a
6         borrower, to the extent that such a loan is secured by
7         property which is eligible for the Enterprise 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. The subtraction modification available to
18         taxpayer in any year under this subsection shall be
19         that portion of the total interest paid by the borrower
20         with respect to such loan attributable to the eligible
21         property as calculated under the previous sentence;
22             (M-1) For any taxpayer that is a financial
23         organization within the meaning of Section 304(c) of
24         this Act, an amount included in such total as interest
25         income from a loan or loans made by such taxpayer to a
26         borrower, to the extent that such a loan is secured by
27         property which is eligible for the High Impact Business
28         Investment Credit. To determine the portion of a loan
29         or loans that is secured by property eligible for a
30         Section 201(h) investment credit to the borrower, the
31         entire principal amount of the loan or loans between
32         the taxpayer and the borrower should be divided into
33         the basis of the Section 201(h) investment credit
34         property which secures the loan or loans, using for
35         this purpose the original basis of such property on the
36         date that it was placed in service in a federally

 

 

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1         designated Foreign Trade Zone or Sub-Zone located in
2         Illinois. No taxpayer that is eligible for the
3         deduction provided in subparagraph (M) of paragraph
4         (2) of this subsection shall be eligible for the
5         deduction provided under this subparagraph (M-1). The
6         subtraction modification available to taxpayers in any
7         year under this subsection shall be that portion of the
8         total interest paid by the borrower with respect to
9         such loan attributable to the eligible property as
10         calculated under the previous sentence;
11             (N) Two times any contribution made during the
12         taxable year to a designated zone organization to the
13         extent that the contribution (i) qualifies as a
14         charitable contribution under subsection (c) of
15         Section 170 of the Internal Revenue Code and (ii) must,
16         by its terms, be used for a project approved by the
17         Department of Commerce and Economic Opportunity
18         Community Affairs under Section 11 of the Illinois
19         Enterprise Zone Act;
20             (O) An amount equal to: (i) 85% for taxable years
21         ending on or before December 31, 1992, or, a percentage
22         equal to the percentage allowable under Section
23         243(a)(1) of the Internal Revenue Code of 1986 for
24         taxable years ending after December 31, 1992, of the
25         amount by which dividends included in taxable income
26         and received from a corporation that is not created or
27         organized under the laws of the United States or any
28         state or political subdivision thereof, including, for
29         taxable years ending on or after December 31, 1988,
30         dividends received or deemed received or paid or deemed
31         paid under Sections 951 through 964 of the Internal
32         Revenue Code, exceed the amount of the modification
33         provided under subparagraph (G) of paragraph (2) of
34         this subsection (b) which is related to such dividends;
35         plus (ii) 100% of the amount by which dividends,
36         included in taxable income and received, including,

 

 

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1         for taxable years ending on or after December 31, 1988,
2         dividends received or deemed received or paid or deemed
3         paid under Sections 951 through 964 of the Internal
4         Revenue Code, from any such corporation specified in
5         clause (i) that would but for the provisions of Section
6         1504 (b) (3) of the Internal Revenue Code be treated as
7         a member of the affiliated group which includes the
8         dividend recipient, exceed the amount of the
9         modification provided under subparagraph (G) of
10         paragraph (2) of this subsection (b) which is related
11         to such dividends;
12             (P) An amount equal to any contribution made to a
13         job training project established pursuant to the Tax
14         Increment Allocation Redevelopment Act;
15             (Q) An amount equal to the amount of the deduction
16         used to compute the federal income tax credit for
17         restoration of substantial amounts held under claim of
18         right for the taxable year pursuant to Section 1341 of
19         the Internal Revenue Code of 1986;
20             (R) In the case of an attorney-in-fact with respect
21         to whom an interinsurer or a reciprocal insurer has
22         made the election under Section 835 of the Internal
23         Revenue Code, 26 U.S.C. 835, an amount equal to the
24         excess, if any, of the amounts paid or incurred by that
25         interinsurer or reciprocal insurer in the taxable year
26         to the attorney-in-fact over the deduction allowed to
27         that interinsurer or reciprocal insurer with respect
28         to the attorney-in-fact under Section 835(b) of the
29         Internal Revenue Code for the taxable year;
30             (S) For taxable years ending on or after December
31         31, 1997, in the case of a Subchapter S corporation, an
32         amount equal to all amounts of income allocable to a
33         shareholder subject to the Personal Property Tax
34         Replacement Income Tax imposed by subsections (c) and
35         (d) of Section 201 of this Act, including amounts
36         allocable to organizations exempt from federal income

 

 

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1         tax by reason of Section 501(a) of the Internal Revenue
2         Code. This subparagraph (S) is exempt from the
3         provisions of Section 250;
4             (T) For taxable years 2001 and thereafter, for the
5         taxable year in which the bonus depreciation deduction
6         (30% of the adjusted basis of the qualified property)
7         is taken on the taxpayer's federal income tax return
8         under subsection (k) of Section 168 of the Internal
9         Revenue Code and for each applicable taxable year
10         thereafter, an amount equal to "x", where:
11                 (1) "y" equals the amount of the depreciation
12             deduction taken for the taxable year on the
13             taxpayer's federal income tax return on property
14             for which the bonus depreciation deduction (30% of
15             the adjusted basis of the qualified property) was
16             taken in any year under subsection (k) of Section
17             168 of the Internal Revenue Code, but not including
18             the bonus depreciation deduction; and
19                 (2) "x" equals "y" multiplied by 30 and then
20             divided by 70 (or "y" multiplied by 0.429).
21             The aggregate amount deducted under this
22         subparagraph in all taxable years for any one piece of
23         property may not exceed the amount of the bonus
24         depreciation deduction (30% of the adjusted basis of
25         the qualified property) taken on that property on the
26         taxpayer's federal income tax return under subsection
27         (k) of Section 168 of the Internal Revenue Code; and
28             (U) If the taxpayer reports a capital gain or loss
29         on the taxpayer's federal income tax return for the
30         taxable year based on a sale or transfer of property
31         for which the taxpayer was required in any taxable year
32         to make an addition modification under subparagraph
33         (E-10), then an amount equal to that addition
34         modification.
35             The taxpayer is allowed to take the deduction under
36         this subparagraph only once with respect to any one

 

 

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1         piece of property.
2         (3) Special rule. For purposes of paragraph (2) (A),
3     "gross income" in the case of a life insurance company, for
4     tax years ending on and after December 31, 1994, shall mean
5     the gross investment income for the taxable year.
 
6     (c) Trusts and estates.
7         (1) In general. In the case of a trust or estate, base
8     income means an amount equal to the taxpayer's taxable
9     income for the taxable year as modified by paragraph (2).
10         (2) Modifications. Subject to the provisions of
11     paragraph (3), the taxable income referred to in paragraph
12     (1) shall be modified by adding thereto the sum of the
13     following amounts:
14             (A) An amount equal to all amounts paid or accrued
15         to the taxpayer as interest or dividends during the
16         taxable year to the extent excluded from gross income
17         in the computation of taxable income;
18             (B) In the case of (i) an estate, $600; (ii) a
19         trust which, under its governing instrument, is
20         required to distribute all of its income currently,
21         $300; and (iii) any other trust, $100, but in each such
22         case, only to the extent such amount was deducted in
23         the computation of taxable income;
24             (C) An amount equal to the amount of tax imposed by
25         this Act to the extent deducted from gross income in
26         the computation of taxable income for the taxable year;
27             (D) The amount of any net operating loss deduction
28         taken in arriving at taxable income, other than a net
29         operating loss carried forward from a taxable year
30         ending prior to December 31, 1986;
31             (E) For taxable years in which a net operating loss
32         carryback or carryforward from a taxable year ending
33         prior to December 31, 1986 is an element of taxable
34         income under paragraph (1) of subsection (e) or
35         subparagraph (E) of paragraph (2) of subsection (e),

 

 

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1         the amount by which addition modifications other than
2         those provided by this subparagraph (E) exceeded
3         subtraction modifications in such taxable year, with
4         the following limitations applied in the order that
5         they are listed:
6                 (i) 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 be reduced by the amount of
10             addition modification under this subparagraph (E)
11             which related to that net operating loss and which
12             was taken into account in calculating the base
13             income of an earlier taxable year, and
14                 (ii) the addition modification relating to the
15             net operating loss carried back or forward to the
16             taxable year from any taxable year ending prior to
17             December 31, 1986 shall not exceed the amount of
18             such carryback or carryforward;
19             For taxable years in which there is a net operating
20         loss carryback or carryforward from more than one other
21         taxable year ending prior to December 31, 1986, the
22         addition modification provided in this subparagraph
23         (E) shall be the sum of the amounts computed
24         independently under the preceding provisions of this
25         subparagraph (E) for each such taxable year;
26             (F) For taxable years ending on or after January 1,
27         1989, an amount equal to the tax deducted pursuant to
28         Section 164 of the Internal Revenue Code if the trust
29         or estate is claiming the same tax for purposes of the
30         Illinois foreign tax credit under Section 601 of this
31         Act;
32             (G) An amount equal to the amount of the capital
33         gain deduction allowable under the Internal Revenue
34         Code, to the extent deducted from gross income in the
35         computation of taxable income;
36             (G-5) For taxable years ending after December 31,

 

 

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1         1997, an amount equal to any eligible remediation costs
2         that the trust or estate deducted in computing adjusted
3         gross income and for which the trust or estate claims a
4         credit under subsection (l) of Section 201;
5             (G-10) For taxable years 2001 and thereafter, an
6         amount equal to the bonus depreciation deduction (30%
7         of the adjusted basis of the qualified property) taken
8         on the taxpayer's federal income tax return for the
9         taxable year under subsection (k) of Section 168 of the
10         Internal Revenue Code; and
11             (G-11) If the taxpayer reports a capital gain or
12         loss on the taxpayer's federal income tax return for
13         the taxable year based on a sale or transfer of
14         property for which the taxpayer was required in any
15         taxable year to make an addition modification under
16         subparagraph (G-10), then an amount equal to the
17         aggregate amount of the deductions taken in all taxable
18         years under subparagraph (R) with respect to that
19         property. ;
20             The taxpayer is required to make the addition
21         modification under this subparagraph only once with
22         respect to any one piece of property;
23     and by deducting from the total so obtained the sum of the
24     following amounts:
25             (H) An amount equal to all amounts included in such
26         total pursuant to the provisions of Sections 402(a),
27         402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the
28         Internal Revenue Code or included in such total as
29         distributions under the provisions of any retirement
30         or disability plan for employees of any governmental
31         agency or unit, or retirement payments to retired
32         partners, which payments are excluded in computing net
33         earnings from self employment by Section 1402 of the
34         Internal Revenue Code and regulations adopted pursuant
35         thereto;
36             (I) The valuation limitation amount;

 

 

HB6933 - 21 - LRB093 18326 SJM 44032 b

1             (J) 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             (K) An amount equal to all amounts included in
5         taxable income as modified by subparagraphs (A), (B),
6         (C), (D), (E), (F) and (G) which are exempt from
7         taxation by this State either by reason of its statutes
8         or Constitution or by reason of the Constitution,
9         treaties or statutes of the United States; provided
10         that, in the case of any statute of this State that
11         exempts income derived from bonds or other obligations
12         from the tax imposed under this Act, the amount
13         exempted shall be the interest net of bond premium
14         amortization;
15             (L) With the exception of any amounts subtracted
16         under subparagraph (K), an amount equal to the sum of
17         all amounts disallowed as deductions by (i) Sections
18         171(a) (2) and 265(a)(2) of the Internal Revenue Code,
19         as now or hereafter amended, and all amounts of
20         expenses allocable to interest and disallowed as
21         deductions by Section 265(1) of the Internal Revenue
22         Code of 1954, as now or hereafter amended; and (ii) for
23         taxable years ending on or after August 13, 1999,
24         Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
25         the Internal Revenue Code; the provisions of this
26         subparagraph are exempt from the provisions of Section
27         250;
28             (M) An amount equal to those dividends included in
29         such total which were paid by a corporation which
30         conducts business operations in an Enterprise Zone or
31         zones created under the Illinois Enterprise Zone Act
32         and conducts substantially all of its operations in an
33         Enterprise Zone or Zones;
34             (N) An amount equal to any contribution made to a
35         job training project established pursuant to the Tax
36         Increment Allocation Redevelopment Act;

 

 

HB6933 - 22 - LRB093 18326 SJM 44032 b

1             (O) An amount equal to those dividends included in
2         such total that were paid by a corporation that
3         conducts business operations in a federally designated
4         Foreign Trade Zone or Sub-Zone and that is designated a
5         High Impact Business located in Illinois; provided
6         that dividends eligible for the deduction provided in
7         subparagraph (M) of paragraph (2) of this subsection
8         shall not be eligible for the deduction provided under
9         this subparagraph (O);
10             (P) An amount equal to the amount of the deduction
11         used to compute the federal income tax credit for
12         restoration of substantial amounts held under claim of
13         right for the taxable year pursuant to Section 1341 of
14         the Internal Revenue Code of 1986;
15             (Q) For taxable year 1999 and thereafter, an amount
16         equal to the amount of any (i) distributions, to the
17         extent includible in gross income for federal income
18         tax purposes, made to the taxpayer because of his or
19         her status as a victim of persecution for racial or
20         religious reasons by Nazi Germany or any other Axis
21         regime or as an heir of the victim and (ii) items of
22         income, to the extent includible in gross income for
23         federal income tax purposes, attributable to, derived
24         from or in any way related to assets stolen from,
25         hidden from, or otherwise lost to a victim of
26         persecution for racial or religious reasons by Nazi
27         Germany or any other Axis regime immediately prior to,
28         during, and immediately after World War II, including,
29         but not limited to, interest on the proceeds receivable
30         as insurance under policies issued to a victim of
31         persecution for racial or religious reasons by Nazi
32         Germany or any other Axis regime by European insurance
33         companies immediately prior to and during World War II;
34         provided, however, this subtraction from federal
35         adjusted gross income does not apply to assets acquired
36         with such assets or with the proceeds from the sale of

 

 

HB6933 - 23 - LRB093 18326 SJM 44032 b

1         such assets; provided, further, this paragraph shall
2         only apply to a taxpayer who was the first recipient of
3         such assets after their recovery and who is a victim of
4         persecution for racial or religious reasons by Nazi
5         Germany or any other Axis regime or as an heir of the
6         victim. The amount of and the eligibility for any
7         public assistance, benefit, or similar entitlement is
8         not affected by the inclusion of items (i) and (ii) of
9         this paragraph in gross income for federal income tax
10         purposes. This paragraph is exempt from the provisions
11         of Section 250;
12             (R) For taxable years 2001 and thereafter, for the
13         taxable year in which the bonus depreciation deduction
14         (30% of the adjusted basis of the qualified property)
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 (30% of
23             the adjusted basis of the qualified property) was
24             taken in any year under subsection (k) of Section
25             168 of the Internal Revenue Code, but not including
26             the bonus depreciation deduction; and
27                 (2) "x" equals "y" multiplied by 30 and then
28             divided by 70 (or "y" multiplied by 0.429).
29             The aggregate amount deducted under this
30         subparagraph in all taxable years for any one piece of
31         property may not exceed the amount of the bonus
32         depreciation deduction (30% of the adjusted basis of
33         the qualified property) taken on that property on the
34         taxpayer's federal income tax return under subsection
35         (k) of Section 168 of the Internal Revenue Code; and
36             (S) If the taxpayer reports a capital gain or loss

 

 

HB6933 - 24 - LRB093 18326 SJM 44032 b

1         on the taxpayer's federal income tax return for the
2         taxable year based on a sale or transfer of property
3         for which the taxpayer was required in any taxable year
4         to make an addition modification under subparagraph
5         (G-10), then an amount equal to that addition
6         modification.
7             The taxpayer is allowed to take the deduction under
8         this subparagraph only once with respect to any one
9         piece of property.
10         (3) Limitation. The amount of any modification
11     otherwise required under this subsection shall, under
12     regulations prescribed by the Department, be adjusted by
13     any amounts included therein which were properly paid,
14     credited, or required to be distributed, or permanently set
15     aside for charitable purposes pursuant to Internal Revenue
16     Code Section 642(c) during the taxable year.
 
17     (d) Partnerships.
18         (1) In general. In the case of a partnership, base
19     income means an amount equal to the taxpayer's taxable
20     income for the taxable year as modified by paragraph (2).
21         (2) Modifications. The taxable income referred to in
22     paragraph (1) shall be modified by adding thereto the sum
23     of the following amounts:
24             (A) An amount equal to all amounts paid or accrued
25         to the taxpayer as interest or dividends during the
26         taxable year to the extent excluded from gross income
27         in the computation of taxable income;
28             (B) An amount equal to the amount of tax imposed by
29         this Act to the extent deducted from gross income for
30         the taxable year;
31             (C) The amount of deductions allowed to the
32         partnership pursuant to Section 707 (c) of the Internal
33         Revenue Code in calculating its taxable income;
34             (D) An amount equal to the amount of the capital
35         gain deduction allowable under the Internal Revenue

 

 

HB6933 - 25 - LRB093 18326 SJM 44032 b

1         Code, to the extent deducted from gross income in the
2         computation of taxable income;
3             (D-5) For taxable years 2001 and thereafter, an
4         amount equal to the bonus depreciation deduction (30%
5         of the adjusted basis of the qualified property) taken
6         on the taxpayer's federal income tax return for the
7         taxable year under subsection (k) of Section 168 of the
8         Internal Revenue Code; and
9             (D-6) If the taxpayer reports a capital gain or
10         loss on the taxpayer's federal income tax return for
11         the taxable year based on a sale or transfer of
12         property for which the taxpayer was required in any
13         taxable year to make an addition modification under
14         subparagraph (D-5), then an amount equal to the
15         aggregate amount of the deductions taken in all taxable
16         years under subparagraph (O) with respect to that
17         property. ;
18             The taxpayer is required to make the addition
19         modification under this subparagraph only once with
20         respect to any one piece of property;
21     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;
27             (G) An amount equal to all amounts included in
28         taxable income as modified by subparagraphs (A), (B),
29         (C) and (D) which are exempt from taxation by this
30         State either by reason of its statutes or Constitution
31         or by reason of the Constitution, treaties or statutes
32         of the United States; provided that, in the case of any
33         statute of this State that exempts income derived from
34         bonds or other obligations from the tax imposed under
35         this Act, the amount exempted shall be the interest net
36         of bond premium amortization;

 

 

HB6933 - 26 - LRB093 18326 SJM 44032 b

1             (H) Any income of the partnership which
2         constitutes personal service income as defined in
3         Section 1348 (b) (1) of the Internal Revenue Code (as
4         in effect December 31, 1981) or a reasonable allowance
5         for compensation paid or accrued for services rendered
6         by partners to the partnership, whichever is greater;
7             (I) An amount equal to all amounts of income
8         distributable to an entity subject to the Personal
9         Property Tax Replacement Income Tax imposed by
10         subsections (c) and (d) of Section 201 of this Act
11         including amounts distributable to organizations
12         exempt from federal income tax by reason of Section
13         501(a) of the Internal Revenue Code;
14             (J) With the exception of any amounts subtracted
15         under subparagraph (G), an amount equal to the sum of
16         all amounts disallowed as deductions by (i) Sections
17         171(a) (2), and 265(2) of the Internal Revenue Code of
18         1954, as now or hereafter amended, and all amounts of
19         expenses allocable to interest and disallowed as
20         deductions by Section 265(1) of the Internal Revenue
21         Code, as now or hereafter amended; and (ii) for taxable
22         years ending on or after August 13, 1999, Sections
23         171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
24         Internal Revenue Code; the provisions of this
25         subparagraph are exempt from the provisions of Section
26         250;
27             (K) An amount equal to those dividends included in
28         such total which were paid by a corporation which
29         conducts business operations in an Enterprise Zone or
30         zones created under the Illinois Enterprise Zone Act,
31         enacted by the 82nd General Assembly, and conducts
32         substantially all of its operations in an Enterprise
33         Zone or Zones;
34             (L) An amount equal to any contribution made to a
35         job training project established pursuant to the Real
36         Property Tax Increment Allocation Redevelopment Act;

 

 

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1             (M) An amount equal to those dividends included in
2         such total that were paid by a corporation that
3         conducts business operations in a federally designated
4         Foreign Trade Zone or Sub-Zone and that is designated a
5         High Impact Business located in Illinois; provided
6         that dividends eligible for the deduction provided in
7         subparagraph (K) of paragraph (2) of this subsection
8         shall not be eligible for the deduction provided under
9         this subparagraph (M);
10             (N) An amount equal to the amount of the deduction
11         used to compute the federal income tax credit for
12         restoration of substantial amounts held under claim of
13         right for the taxable year pursuant to Section 1341 of
14         the Internal Revenue Code of 1986;
15             (O) For taxable years 2001 and thereafter, for the
16         taxable year in which the bonus depreciation deduction
17         (30% of the adjusted basis of the qualified property)
18         is taken on the taxpayer's federal income tax return
19         under subsection (k) of Section 168 of the Internal
20         Revenue Code and for each applicable taxable year
21         thereafter, an amount equal to "x", where:
22                 (1) "y" equals the amount of the depreciation
23             deduction taken for the taxable year on the
24             taxpayer's federal income tax return on property
25             for which the bonus depreciation deduction (30% of
26             the adjusted basis of the qualified property) was
27             taken in any year under subsection (k) of Section
28             168 of the Internal Revenue Code, but not including
29             the bonus depreciation deduction; and
30                 (2) "x" equals "y" multiplied by 30 and then
31             divided by 70 (or "y" multiplied by 0.429).
32             The aggregate amount deducted under this
33         subparagraph in all taxable years for any one piece of
34         property may not exceed the amount of the bonus
35         depreciation deduction (30% of the adjusted basis of
36         the qualified property) taken on that property on the

 

 

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1         taxpayer's federal income tax return under subsection
2         (k) of Section 168 of the Internal Revenue Code; and
3             (P) If the taxpayer reports a capital gain or loss
4         on the taxpayer's federal income tax return for the
5         taxable year based on a sale or transfer of property
6         for which the taxpayer was required in any taxable year
7         to make an addition modification under subparagraph
8         (D-5), then an amount equal to that addition
9         modification.
10             The taxpayer is allowed to take the deduction under
11         this subparagraph only once with respect to any one
12         piece of property.
 
13     (e) Gross income; adjusted gross income; taxable income.
14         (1) In general. Subject to the provisions of paragraph
15     (2) and subsection (b) (3), for purposes of this Section
16     and Section 803(e), a taxpayer's gross income, adjusted
17     gross income, or taxable income for the taxable year shall
18     mean the amount of gross income, adjusted gross income or
19     taxable income properly reportable for federal income tax
20     purposes for the taxable year under the provisions of the
21     Internal Revenue Code. Taxable income may be less than
22     zero. However, for taxable years ending on or after
23     December 31, 1986, net operating loss carryforwards from
24     taxable years ending prior to December 31, 1986, may not
25     exceed the sum of federal taxable income for the taxable
26     year before net operating loss deduction, plus the excess
27     of addition modifications over subtraction modifications
28     for the taxable year. For taxable years ending prior to
29     December 31, 1986, taxable income may never be an amount in
30     excess of the net operating loss for the taxable year as
31     defined in subsections (c) and (d) of Section 172 of the
32     Internal Revenue Code, provided that when taxable income of
33     a corporation (other than a Subchapter S corporation),
34     trust, or estate is less than zero and addition
35     modifications, other than those provided by subparagraph

 

 

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1     (E) of paragraph (2) of subsection (b) for corporations or
2     subparagraph (E) of paragraph (2) of subsection (c) for
3     trusts and estates, exceed subtraction modifications, an
4     addition modification must be made under those
5     subparagraphs for any other taxable year to which the
6     taxable income less than zero (net operating loss) is
7     applied under Section 172 of the Internal Revenue Code or
8     under subparagraph (E) of paragraph (2) of this subsection
9     (e) applied in conjunction with Section 172 of the Internal
10     Revenue Code.
11         (2) Special rule. For purposes of paragraph (1) of this
12     subsection, the taxable income properly reportable for
13     federal income tax purposes shall mean:
14             (A) Certain life insurance companies. In the case
15         of a life insurance company subject to the tax imposed
16         by Section 801 of the Internal Revenue Code, life
17         insurance company taxable income, plus the amount of
18         distribution from pre-1984 policyholder surplus
19         accounts as calculated under Section 815a of the
20         Internal Revenue Code;
21             (B) Certain other insurance companies. In the case
22         of mutual insurance companies subject to the tax
23         imposed by Section 831 of the Internal Revenue Code,
24         insurance company taxable income;
25             (C) Regulated investment companies. In the case of
26         a regulated investment company subject to the tax
27         imposed by Section 852 of the Internal Revenue Code,
28         investment company taxable income;
29             (D) Real estate investment trusts. In the case of a
30         real estate investment trust subject to the tax imposed
31         by Section 857 of the Internal Revenue Code, real
32         estate investment trust taxable income;
33             (E) Consolidated corporations. In the case of a
34         corporation which is a member of an affiliated group of
35         corporations filing a consolidated income tax return
36         for the taxable year for federal income tax purposes,

 

 

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1         taxable income determined as if such corporation had
2         filed a separate return for federal income tax purposes
3         for the taxable year and each preceding taxable year
4         for which it was a member of an affiliated group. For
5         purposes of this subparagraph, the taxpayer's separate
6         taxable income shall be determined as if the election
7         provided by Section 243(b) (2) of the Internal Revenue
8         Code had been in effect for all such years;
9             (F) Cooperatives. In the case of a cooperative
10         corporation or association, the taxable income of such
11         organization determined in accordance with the
12         provisions of Section 1381 through 1388 of the Internal
13         Revenue Code;
14             (G) Subchapter S corporations. In the case of: (i)
15         a Subchapter S corporation for which there is in effect
16         an election for the taxable year under Section 1362 of
17         the Internal Revenue Code, the taxable income of such
18         corporation determined in accordance with Section
19         1363(b) of the Internal Revenue Code, except that
20         taxable income shall take into account those items
21         which are required by Section 1363(b)(1) of the
22         Internal Revenue Code to be separately stated; and (ii)
23         a Subchapter S corporation for which there is in effect
24         a federal election to opt out of the provisions of the
25         Subchapter S Revision Act of 1982 and have applied
26         instead the prior federal Subchapter S rules as in
27         effect on July 1, 1982, the taxable income of such
28         corporation determined in accordance with the federal
29         Subchapter S rules as in effect on July 1, 1982; and
30             (H) Partnerships. In the case of a partnership,
31         taxable income determined in accordance with Section
32         703 of the Internal Revenue Code, except that taxable
33         income shall take into account those items which are
34         required by Section 703(a)(1) to be separately stated
35         but which would be taken into account by an individual
36         in calculating his taxable income.
 

 

 

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1     (f) Valuation limitation amount.
2         (1) In general. The valuation limitation amount
3     referred to in subsections (a) (2) (G), (c) (2) (I) and
4     (d)(2) (E) is an amount equal to:
5             (A) The sum of the pre-August 1, 1969 appreciation
6         amounts (to the extent consisting of gain reportable
7         under the provisions of Section 1245 or 1250 of the
8         Internal Revenue Code) for all property in respect of
9         which such gain was reported for the taxable year; plus
10             (B) The lesser of (i) the sum of the pre-August 1,
11         1969 appreciation amounts (to the extent consisting of
12         capital gain) for all property in respect of which such
13         gain was reported for federal income tax purposes for
14         the taxable year, or (ii) the net capital gain for the
15         taxable year, reduced in either case by any amount of
16         such gain included in the amount determined under
17         subsection (a) (2) (F) or (c) (2) (H).
18         (2) Pre-August 1, 1969 appreciation amount.
19             (A) If the fair market value of property referred
20         to in paragraph (1) was readily ascertainable on August
21         1, 1969, the pre-August 1, 1969 appreciation amount for
22         such property is the lesser of (i) the excess of such
23         fair market value over the taxpayer's basis (for
24         determining gain) for such property on that date
25         (determined under the Internal Revenue Code as in
26         effect on that date), or (ii) the total gain realized
27         and reportable for federal income tax purposes in
28         respect of the sale, exchange or other disposition of
29         such property.
30             (B) If the fair market value of property referred
31         to in paragraph (1) was not readily ascertainable on
32         August 1, 1969, the pre-August 1, 1969 appreciation
33         amount for such property is that amount which bears the
34         same ratio to the total gain reported in respect of the
35         property for federal income tax purposes for the

 

 

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1         taxable year, as the number of full calendar months in
2         that part of the taxpayer's holding period for the
3         property ending July 31, 1969 bears to the number of
4         full calendar months in the taxpayer's entire holding
5         period for the property.
6             (C) The Department shall prescribe such
7         regulations as may be necessary to carry out the
8         purposes of this paragraph.
 
9     (g) Double deductions. Unless specifically provided
10 otherwise, nothing in this Section shall permit the same item
11 to be deducted more than once.
 
12     (h) Legislative intention. Except as expressly provided by
13 this Section there shall be no modifications or limitations on
14 the amounts of income, gain, loss or deduction taken into
15 account in determining gross income, adjusted gross income or
16 taxable income for federal income tax purposes for the taxable
17 year, or in the amount of such items entering into the
18 computation of base income and net income under this Act for
19 such taxable year, whether in respect of property values as of
20 August 1, 1969 or otherwise.
21 (Source: P.A. 91-192, eff. 7-20-99; 91-205, eff. 7-20-99;
22 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff.
23 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; 92-16,
24 eff. 6-28-01; 92-244, eff. 8-3-01; 92-439, eff. 8-17-01;
25 92-603, eff. 6-28-02; 92-626, eff. 7-11-02; 92-651, eff.
26 7-11-02; 92-846, eff. 8-23-02; revised 10-15-03.)
 
27     Section 99. Effective date. This Act takes effect upon
28 becoming law.