Full Text of SB1150 102nd General Assembly
SB1150sam001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 5. INCOME TAX REFUNDS | 5 | | Section 5-5. The Illinois Administrative Procedure Act is | 6 | | amended 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 | 9 | | expeditious and timely implementation of this amendatory Act | 10 | | of the 102nd General Assembly, emergency rules implementing | 11 | | Section 212.1 of the Illinois Income Tax Act may be adopted in | 12 | | accordance with Section 5-45 by the Department of Revenue. The | 13 | | adoption of emergency rules authorized by Section 5-45 and | 14 | | this Section is deemed to be necessary for the public | 15 | | interest, safety, and welfare. |
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| 1 | | This Section is repealed one year after the effective date | 2 | | of this amendatory Act of the 102nd General Assembly. | 3 | | Section 5-10. The Illinois Income Tax Act is amended by | 4 | | adding Section 212.1 as follows: | 5 | | (35 ILCS 5/212.1 new) | 6 | | Sec. 212.1. Fiscal Year 2023 individual income tax | 7 | | refunds. | 8 | | (a) Each taxpayer who files an individual income tax | 9 | | return under this Act for the taxable year that began on | 10 | | January 1, 2021 and has a federal adjusted gross income for | 11 | | that taxable year that does not exceed $250,000 for single | 12 | | filers or $500,000 for spouses filing a joint return, as | 13 | | represented on the taxpayer's individual income tax return | 14 | | under this Act, is entitled to a one-time refund under this | 15 | | Section. The amount of the refund shall be $100 for single | 16 | | filers and $200 for spouses filing a joint return, plus an | 17 | | additional $50 for each person who is claimed as a dependent on | 18 | | the taxpayer's federal income tax return for the taxable year | 19 | | that began on January 1, 2021, not to exceed 3 dependents per | 20 | | refund. A taxpayer who files an individual income tax return | 21 | | under this Act for the taxable year that began on January 1, | 22 | | 2021, and who is claimed as a dependent on another | 23 | | individual's return for that year, is ineligible for the | 24 | | refund provided under this Section. Spouses who qualify for a |
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| 1 | | refund under this Section and who file a joint return shall be | 2 | | treated as a single taxpayer for the purposes of the refund | 3 | | under this Section. For a part-year resident, the amount of | 4 | | the refund under this Section shall be in proportion to the | 5 | | amount of the taxpayer's income that is attributable to this | 6 | | State for the taxable year that began on January 1, 2021. | 7 | | Taxpayers who were non-residents for the taxable year that | 8 | | began on January 1, 2021 are not entitled to a refund under | 9 | | this Section. | 10 | | (b) As soon as possible after the effective date of this | 11 | | amendatory Act of the 102nd General Assembly, the Department | 12 | | shall examine each individual income tax return filed for the | 13 | | taxable year that began on January 1, 2021 for the purpose of | 14 | | granting refunds under this Section. Based on those | 15 | | examinations, the Department shall submit a voucher to the | 16 | | State Comptroller and the State Treasurer for the amount of | 17 | | each refund under this Section. Those vouchers shall be issued | 18 | | no later than August 1, 2022. Except as provided in subsection | 19 | | (c), payment shall be made to the taxpayer no later than | 20 | | October 1, 2022 by a warrant drawn on the State treasury by the | 21 | | State Comptroller and countersigned by the State Treasurer. | 22 | | (c) Notwithstanding the provisions of subsection (b), if a | 23 | | qualified taxpayer has been granted an extension for the | 24 | | filing of his or her Illinois income tax return for the taxable | 25 | | year beginning on January 1, 2021, then the voucher for | 26 | | payment shall be issued no later than 60 days after the |
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| 1 | | extended return is accepted by the Department (but in no event | 2 | | earlier than August 1, 2022), and payment shall be made to the | 3 | | taxpayer within 30 days after the voucher is received by the | 4 | | State Comptroller (but in no event earlier than October 1, | 5 | | 2022). If the taxpayer files an amended return indicating that | 6 | | he or she is entitled to a refund under this Section that he or | 7 | | she did not receive, or indicating that he or she did not | 8 | | receive the full refund amount to which he or she is entitled, | 9 | | then the refund shall be processed in the same manner as a | 10 | | claim for refund under Article 9. If the taxpayer files an | 11 | | amended return indicating that he or she received a refund | 12 | | under this Section to which he or she is not entitled, then the | 13 | | Department shall issue a notice of deficiency as provided in | 14 | | Article 9. | 15 | | (d) The amount of a refund under this Section shall not be | 16 | | included in the taxpayer's income or resources for the | 17 | | purposes of determining eligibility or benefit level in any | 18 | | means-tested benefit program administered by a governmental | 19 | | entity unless required by federal law. | 20 | | (e) Nothing in this Section prevents a taxpayer from | 21 | | receiving the earned income tax credit and the refund under | 22 | | this Section for the same taxable year. | 23 | | (f) The Department shall adopt rules for the | 24 | | implementation of this Section, including emergency rules | 25 | | under Section 5-45.21 of the Illinois Administrative Procedure | 26 | | Act.
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| 1 | | Article 99. EFFECTIVE DATE
| 2 | | Section 99-99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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