Full Text of HB3628 100th General Assembly
HB3628 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3628 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED: |
| 35 ILCS 5/221 | | 65 ILCS 115/10-4 | |
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Amends the Illinois Income Tax Act and the River Edge Redevelopment Zone Act. Extends the River Edge Redevelopment Zone credit through 2027 (currently, it expires at the end of 2017). Provides that an area is also qualified to become a River Edge Redevelopment Zone if it is located in a city or village that is a certified local government by the Illinois Historic Preservation Agency.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 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 221 as follows: | 6 | | (35 ILCS 5/221) | 7 | | Sec. 221. Rehabilitation costs; qualified historic | 8 | | properties; River Edge Redevelopment Zone. | 9 | | (a) For taxable years beginning on or after January 1, 2012 | 10 | | and ending prior to January 1, 2028 January 1, 2018 , there | 11 | | shall be allowed a tax credit against the tax imposed by | 12 | | subsections (a) and (b) of Section 201 in an amount equal to | 13 | | 25% of qualified expenditures incurred by a qualified taxpayer | 14 | | during the taxable year in the restoration and preservation of | 15 | | a qualified historic structure located in a River Edge | 16 | | Redevelopment Zone pursuant to a qualified rehabilitation | 17 | | plan, provided that the total amount of such expenditures (i) | 18 | | must equal $5,000 or more and (ii) must exceed 50% of the | 19 | | purchase price of the property. | 20 | | (b) To obtain a tax credit pursuant to this Section, the | 21 | | taxpayer must apply with the Department of Commerce and | 22 | | Economic Opportunity. The Department of Commerce and Economic | 23 | | Opportunity, in consultation with the Historic Preservation |
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| 1 | | Agency, shall determine the amount of eligible rehabilitation | 2 | | costs and expenses. The Historic Preservation Agency shall | 3 | | determine whether the rehabilitation is consistent with the | 4 | | standards of the Secretary of the United States Department of | 5 | | the Interior for rehabilitation. Upon completion and review of | 6 | | the project, the Department of Commerce and Economic | 7 | | Opportunity shall issue a certificate in the amount of the | 8 | | eligible credits. At the time the certificate is issued, an | 9 | | issuance fee up to the maximum amount of 2% of the amount of | 10 | | the credits issued by the certificate may be collected from the | 11 | | applicant to administer the provisions of this Section. If | 12 | | collected, this issuance fee shall be deposited into the | 13 | | Historic Property Administrative Fund, a special fund created | 14 | | in the State treasury. Subject to appropriation, moneys in the | 15 | | Historic Property Administrative Fund shall be evenly divided | 16 | | between the Department of Commerce and Economic Opportunity and | 17 | | the Historic Preservation Agency to reimburse the Department of | 18 | | Commerce and Economic Opportunity and the Historic | 19 | | Preservation Agency for the costs associated with | 20 | | administering this Section. The taxpayer must attach the | 21 | | certificate to the tax return on which the credits are to be | 22 | | claimed. The Department of Commerce and Economic Opportunity | 23 | | may adopt rules to implement this Section. | 24 | | (c) The tax credit under this Section may not reduce the | 25 | | taxpayer's liability to less than
zero. | 26 | | (d) As used in this Section, the following terms have the |
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| 1 | | following meanings. | 2 | | "Qualified expenditure" means all the costs and expenses | 3 | | defined as qualified rehabilitation expenditures under Section | 4 | | 47 of the federal Internal Revenue Code that were incurred in | 5 | | connection with a qualified historic structure. | 6 | | "Qualified historic structure" means a certified historic | 7 | | structure as defined under Section 47 (c)(3) of the federal | 8 | | Internal Revenue Code. | 9 | | "Qualified rehabilitation plan" means a project that is | 10 | | approved by the Historic Preservation Agency as being | 11 | | consistent with the standards in effect on the effective date | 12 | | of this amendatory Act of the 97th General Assembly for | 13 | | rehabilitation as adopted by the federal Secretary of the | 14 | | Interior. | 15 | | "Qualified taxpayer" means the owner of the qualified | 16 | | historic structure or any other person who qualifies for the | 17 | | federal rehabilitation credit allowed by Section 47 of the | 18 | | federal Internal Revenue Code with respect to that qualified | 19 | | historic structure. Partners, shareholders of subchapter S | 20 | | corporations, and owners of limited liability companies (if the | 21 | | limited liability company is treated as a partnership for | 22 | | purposes of federal and State income taxation) are entitled to | 23 | | a credit under this Section to be determined in accordance with | 24 | | the determination of income and distributive share of income | 25 | | under Sections 702 and 703 and subchapter S of the Internal | 26 | | Revenue Code, provided that credits granted to a partnership, a |
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| 1 | | limited liability company taxed as a partnership, or other | 2 | | multiple owners of property shall be passed through to the | 3 | | partners, members, or owners respectively on a pro rata basis | 4 | | or pursuant to an executed agreement among the partners, | 5 | | members, or owners documenting any alternate distribution | 6 | | method.
| 7 | | (Source: P.A. 99-914, eff. 12-20-16.) | 8 | | Section 10. The River Edge Redevelopment Zone Act is | 9 | | amended by changing Section 10-4 as follows: | 10 | | (65 ILCS 115/10-4)
| 11 | | Sec. 10-4. Qualifications for River Edge Redevelopment | 12 | | Zones. An area is qualified to become a zone if it: | 13 | | (1) is a contiguous area adjacent to or surrounding a | 14 | | river; | 15 | | (2) comprises a minimum of one half square mile and not | 16 | | more than 12 square miles, exclusive of lakes and | 17 | | waterways; | 18 | | (3) satisfies any additional criteria established by | 19 | | the Department consistent with the purposes of this Act; | 20 | | (4) is entirely within a single municipality; and | 21 | | (5) has at least 100 acres of environmentally | 22 | | challenged land within 1500 yards of the riverfront.
| 23 | | An area is also qualified to become a zone if it is located | 24 | | in a city or village that is a certified local government by |
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| 1 | | the Illinois Historic Preservation Agency. | 2 | | (Source: P.A. 94-1021, eff. 7-12-06; 94-1022, eff. 7-12-06.)
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