State of Illinois
90th General Assembly
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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
 9    Dependent care assistance program tax 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  Section shall 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.

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