State of Illinois
90th General Assembly
Legislation

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90_HB3615

      35 ILCS 5/208             from Ch. 120, par. 2-208
      35 ILCS 5/208.5 new
          Amends the Illinois Income Tax  Act.   Provides  that  in
      addition to the existing tax credit for residential property,
      for  the  1998  tax  year  and  thereafter,  every individual
      taxpayer whose principal residence has an equalized  assessed
      value as determined by the Department of Revenue of less than
      $166,667  shall be entitled to an additional tax credit equal
      to 5% of the real property taxes paid by the taxpayer  during
      the  taxable year on the principal residence of the taxpayer.
      Creates a credit against the taxes imposed under the Act  for
      Subchapter  S  Corporations  and  sole  proprietorships in an
      amount equal  to  5%  of  the  property  taxes  paid  by  the
      Subchapter  S  Corporation and the sole proprietorship during
      the  taxable  year  on  eligible  property   owned   by   the
      corporation   or   proprietorship.   Provides  that  eligible
      property has an equalized assessed value  of  less  than  (i)
      $399,000  in  counties  with 3,000,000 or more inhabitants or
      (ii)  $166,667  in  counties  with   fewer   than   3,000,000
      inhabitants.  Exempts the credits from the sunset provisions.
      Effective immediately.
                                                    LRB9010861KDpcA
                                              LRB9010861KDpcA
 1        AN  ACT  to amend the Illinois Income Tax Act by changing
 2    Section 208 and adding Section 208.5.
 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 208 and adding Section 208.5 as follows:
 7        (35 ILCS 5/208) (from Ch. 120, par. 2-208)
 8        Sec. 208. Tax credit for residential real property taxes.
 9        (a)  Beginning with tax years ending on or after December
10    31, 1991, every individual taxpayer shall be  entitled  to  a
11    tax  credit  equal  to 5% of real property taxes paid by such
12    taxpayer during the taxable year on the  principal  residence
13    of the taxpayer.
14        (b)  In   addition  to  the  tax  credit  provided  under
15    subsection (a), for the 1998 tax year and  thereafter,  every
16    individual   taxpayer   whose   principal  residence  has  an
17    equalized assessed value as determined by the  Department  of
18    less  than  $166,667  shall  be entitled to an additional tax
19    credit equal to 5% of the real property  taxes  paid  by  the
20    taxpayer  during  the taxable year on the principal residence
21    of the taxpayer.  The changes made by this amendatory Act  of
22    1998 are exempt from the provisions of Section 250.
23        (c)  In  the  case  of multi-unit or multi-use structures
24    and farm dwellings, the taxes  on  the  taxpayer's  principal
25    residence  shall  be that portion of the total taxes which is
26    attributable to such principal residence.
27    (Source: P.A. 87-17.)
28        (35 ILCS 5/208.5 new)
29        Sec. 208.5.  Tax credit for real property taxes  paid  by
30    Subchapter  S  Corporations or sole proprietorships.  For tax
                            -2-               LRB9010861KDpcA
 1    years beginning on or after January 1,1998, every  Subchapter
 2    S  Corporation and sole proprietorship in this State shall be
 3    entitled to a tax credit equal to 5%  of  the  real  property
 4    taxes   paid   by   the  Subchapter  S  Corporation  or  sole
 5    proprietorship during the taxable year on  eligible  property
 6    owned by the Subchapter S Corporation or sole proprietorship.
 7    For  purposes  of  this  Section,  "eligible  property" means
 8    property with an equalized assessed value of  less  than  (i)
 9    $399,000  in  a  county with 3,000,000 or more inhabitants or
10    (ii)  $166,667  in  a  county  with   less   than   3,000,000
11    inhabitants.  In  no  event shall a credit under this Section
12    reduce the liability of the Subchapter S Corporation or  sole
13    proprietorship  under  this  Act  to  less  than  zero.  This
14    Section is exempt from the provisions of Section 250.
15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.

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