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90_HB1334eng 35 ILCS 5/210 Amends the Illinois Income Tax Act. Makes the dependent care assistance program tax credit applicable to all taxpayers (now, taxpayers primarily engaged in manufacturing) beginning with tax years beginning on or after January 1, 1997. Exempts the credit from the sunset provisions. LRB9004582DNmb HB1334 Engrossed LRB9004582DNmb 1 AN ACT to amend the Illinois Income Tax Act by changing 2 Section 210. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Income Tax Act is amended by 6 changing Section 210 as follows: 7 (35 ILCS 5/210) 8 Sec. 210. Dependent care assistance program tax credit. 9 (a) Beginning with tax years ending on or after June 30, 10 1995, each taxpayer who is primarily engaged in manufacturing 11 and, beginning with tax years beginning on or after January 12 1, 1997, each taxpayer is entitled to a credit against the 13 tax imposed by subsections (a) and (b) of Section 201 in an 14 amount equal to 5% of the amount of expenditures by the 15 taxpayer in the tax year for which the credit is claimed, 16 reported pursuant to Section 129(d)(7) of the Internal 17 Revenue Code, to provide in the Illinois premises of the 18 taxpayer's workplace an on-site facility dependent care 19 assistance program under Section 129 of the Internal Revenue 20 Code. This amendatory Act of 1997 is exempt from the 21 provisions of Section 250. 22 (b) If the amount of credit exceeds the tax liability 23 for the year, the excess may be carried forward and applied 24 to the tax liability of the 2 taxable years following the 25 excess credit year. The credit shall be applied to the 26 earliest year for which there is a tax liability. If there 27 are credits from more than one tax year that are available to 28 offset a liability, the earlier credit shall be applied 29 first. 30 (c) A taxpayer claiming the credit provided by this 31 Section shall maintain and record such information as the HB1334 Engrossed -2- LRB9004582DNmb 1 Department may require by regulation regarding the dependent 2 care assistance program for which credit is claimed. When 3 claiming the credit provided by this Section, the taxpayer 4 shall provide such information regarding the taxpayer's 5 provision of a dependent care assistance program under 6 Section 129 of the Internal Revenue Code. 7 (Source: P.A. 88-505.)