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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.