State of Illinois
90th General Assembly
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90_HB2648

      35 ILCS 5/211 new
          Amends the Illinois Income Tax Act.   Creates  an  income
      tax  credit  for  a taxpayer that owns a livestock management
      facility in the amount of 5% of amounts spent by the taxpayer
      in the tax year on environmental equipment for  the  facility
      that  will mitigate air and water quality problems.  Provides
      that the Department of Agriculture, in cooperation  with  the
      Illinois  Environmental  Protection  Agency,  shall, by rule,
      determine what equipment qualifies for this credit.  Provides
      that in no event  shall  the  credit  reduce  the  taxpayer's
      liability  to  below  zero.   Provides that the credit may be
      carried forward  for  5  years.   Provides  that  the  credit
      applies  to  tax years beginning on or after January 1, 1998.
      Sunsets the credit after 5 years.  Effective immediately.
                                                     LRB9008725KDpc
                                               LRB9008725KDpc
 1        AN ACT to amend the Illinois Income  Tax  Act  by  adding
 2    Section 211.
 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    adding Section 211 as follows:
 7        (35 ILCS 5/211 new)
 8        Sec. 211.  Livestock waste management tax credit. For tax
 9    years  beginning on or after January 1, 1998 and ending on or
10    before December 30, 2003, each taxpayer that is an owner of a
11    livestock management facility, as that  term  is  defined  in
12    Section  10.30  of  the  Livestock Management Facilities Act,
13    shall be entitled to a credit against the tax  imposed  under
14    subsections  (a) and (b) of Section 201 in an amount equal to
15    5% of the amount spent by the facility owner on environmental
16    equipment for the facility that will mitigate air  and  water
17    quality   problems.     The  Department  of  Agriculture,  in
18    cooperation  with  the  Illinois   Environmental   Protection
19    Agency, shall, by rule, determine what equipment qualifies as
20    environmental  equipment that mitigates air and water quality
21    problems for purposes of this Section. In no event shall this
22    credit reduce the taxpayer's liability under this  Act  below
23    zero.
24        (b)  If   the  amount  of  the  credit  exceeds  the  tax
25    liability for the year, the excess may be carried forward and
26    applied  to  the  tax  liability  for  the  5  taxable  years
27    following the excess credit year. The credit shall be applied
28    to the earliest year for which there is a tax liability.   If
29    there  are  credits  from  more  than  one  tax year that are
30    available to offset a liability, the earlier credit shall  be
31    applied first.
                            -2-                LRB9008725KDpc
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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