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90_HB3183 35 ILCS 5/210 Amends the Illinois Income Tax Act. Provides that the current tax credit for dependent care assistance programs is available for tax years ending on or before December 30, 1998. Creates a child care facility construction and expansion tax credit. Provides that the credit that shall be available to all taxpayers and shall be in an amount equal to 5% of amount of expenditures by the taxpayer to provide an on-site child care facility, to expand a current child care facility, to train child care workers, to pay the entire cost of an off-site child care facility for the taxpayer's employees, and to pay child care referral costs incurred on behalf of the taxpayer's employees. Exempts the credit from the sunset provisions. Effective immediately. LRB9010940KDpkA LRB9010940KDpkA 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. Child care facility construction and expansion 9Dependent care assistance programtax credit. 10 (a) Beginning with tax years ending on or after June 30, 11 1995 and ending with tax years ending on or before December 12 30, 1998, each taxpayer who is primarily engaged in 13 manufacturing is entitled to a credit against the tax imposed 14 by subsections (a) and (b) of Section 201 in an amount equal 15 to 5% of the amount of expenditures by the taxpayer in the 16 tax year for which the credit is claimed, reported pursuant 17 to Section 129(d)(7) of the Internal Revenue Code, to provide 18 in the Illinois premises of the taxpayer's workplace an 19 on-site facility dependent care assistance program under 20 Section 129 of the Internal Revenue Code. 21 (a-5) Beginning with tax years ending on or after 22 December 31, 1998, each taxpayer is entitled to a credit 23 against the tax imposed by subsections (a) and (b) of Section 24 201 in an amount equal to 5% of the amount of expenditures by 25 the taxpayer for the benefit of the taxpayer's employees 26 during the tax year to provide an on-site child care 27 facility, to expand a current child care facility, to train 28 child care workers, to pay the entire cost of an off-site 29 child care facility, and to pay child care referral costs 30 incurred on behalf of the taxpayer's employees. This 31 subsection is exempt from the provisions of Section 250. -2- LRB9010940KDpkA 1 (b) If the amount of credit exceeds the tax liability 2 for the year, the excess may be carried forward and applied 3 to the tax liability of the 2 taxable years following the 4 excess credit year. The credit shall be applied to the 5 earliest year for which there is a tax liability. If there 6 are credits from more than one tax year that are available to 7 offset a liability, the earlier credit shall be applied 8 first. 9 (c) A taxpayer claiming the credit provided by 10 subsection (a)this Sectionshall maintain and record such 11 information as the Department may require by regulation 12 regarding the dependent care assistance program for which 13 credit is claimed. When claiming the credit provided by 14 subsection (a)this Section, the taxpayer shall provide such 15 information regarding the taxpayer's provision of a dependent 16 care assistance program under Section 129 of the Internal 17 Revenue Code. 18 (d) A taxpayer claiming the credit provided in 19 subsection (a-5) shall maintain and record such information 20 as the Department may require by regulation regarding the 21 child care services for which this credit is claimed. 22 (Source: P.A. 88-505.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.