Full Text of HB5111 096th General Assembly
HB5111 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5111
Introduced 1/29/2010, by Rep. Tom Cross - Timothy L. Schmitz - Michael G. Connelly SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Income Tax Act. Creates a credit in an amount equal to 10%, but in no event to exceed $1,200, of the gross wages paid by the taxpayer to any person with a developmental disability in the course of that person's sustained employment during the taxable year. Defines "sustained employment" as a period of employment that is not less than 185 days during the taxable year. Exempts the credit from the Act's automatic sunset provision. Effective immediately.
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A BILL FOR
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HB5111 |
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LRB096 19340 HLH 34731 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Income Tax Act is amended by adding | 5 |
| Section 219 as follows: | 6 |
| (35 ILCS 5/219 new) | 7 |
| Sec. 219. Credit for wages paid to persons with a | 8 |
| developmental disability. | 9 |
| (a) For each taxable year beginning on or after January 1, | 10 |
| 2010, each taxpayer is entitled to a credit against the tax | 11 |
| imposed by subsections (a) and (b) of Section 201 of this Act | 12 |
| in an amount equal to 10%, but in no event to exceed $1,200, of | 13 |
| the gross wages paid by the taxpayer to any person with a | 14 |
| developmental disability in the course of that person's | 15 |
| sustained employment during the taxable year. For partners, | 16 |
| shareholders of Subchapter S corporations, and owners of | 17 |
| limited liability companies, if the liability company is | 18 |
| treated as a partnership for purposes of federal and State | 19 |
| income taxation, there shall be allowed a credit under this | 20 |
| Section to be determined in accordance with the determination | 21 |
| of income and distributive share of income under Sections 702 | 22 |
| and 704 and Subchapter S of the Internal Revenue Code. | 23 |
| (b) For the purposes of this Section, "developmental |
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HB5111 |
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LRB096 19340 HLH 34731 b |
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| disability" means a
severe, chronic disability of a person | 2 |
| which: | 3 |
| (1) is attributable to a mental or physical impairment | 4 |
| or combination of
mental and physical impairments; | 5 |
| (2) is manifested before the person attains age 22; | 6 |
| (3) is likely to continue indefinitely; and | 7 |
| (4) results in substantial functional limitations in 3 | 8 |
| or more of the
following areas of major life activity: (i) | 9 |
| self-care, (ii) receptive and
expressive language, (iii) | 10 |
| learning, (iv) mobility, (v) self-direction,
(vi) capacity | 11 |
| for independent living, and (vii) economic | 12 |
| self-sufficiency. | 13 |
| For the purpose of this Section, "sustained employment" | 14 |
| means a period of employment that is not less than 185 days | 15 |
| during the taxable year. | 16 |
| (c) In no event shall a credit under this Section reduce | 17 |
| the taxpayer's liability to less than zero. If the amount of | 18 |
| the credit exceeds the tax liability for the year, the excess | 19 |
| may be carried forward and applied to the tax liability of the | 20 |
| 5 taxable years following the excess credit year. The tax | 21 |
| credit shall be applied to the earliest year for which there is | 22 |
| a tax liability. If there are credits for more than one year | 23 |
| that are available to offset a liability, the earlier credit | 24 |
| shall be applied first. | 25 |
| (d) This Section is exempt from the provisions of Section | 26 |
| 250.
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LRB096 19340 HLH 34731 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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