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90_SB1092 35 ILCS 5/210 Amends the Illinois Income Tax Act by allowing retailers to claim the dependent care assistance program tax credit. SDS/bill0003/dgp SDS/bill0003/dgp 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. Dependent care assistance program tax credit. 9 (a) Beginning with tax years ending on or after June 30, 10 1995, each taxpayer who is primarily engaged in manufacturing 11 or retailing is entitled to a credit against the tax imposed 12 by subsections (a) and (b) of Section 201 in an amount equal 13 to 5% of the amount of expenditures by the taxpayer in the 14 tax year for which the credit is claimed, reported pursuant 15 to Section 129(d) (7) of the Internal Revenue Code, to 16 provide in the Illinois premises of the taxpayer's workplace 17 on on-site facility dependent care assistance program under 18 Section 129 of the Internal Revenue Code. 19 (b) If the amount of credit exceeds the tax liability 20 for the year, the excess may be carried forward and applied 21 to the tax liability of the 2 taxable years following the 22 excess credit year. The credit shall be applied to the 23 earliest year for which there is a tax liability. If there 24 are credits from more than one tax year that are available to 25 offset a liability, the earlier credit shall be applied 26 first. 27 (c) A taxpayer claiming the credit provided by this 28 Section shall maintain and record such information as the 29 Department may require by regulation regarding the dependent 30 care assistance program for which credit is claimed. When 31 claiming the credit provided by this Section, the taxpayer 32 shall provide such information regarding the taxpayer's -2- SDS/bill0003/dgp 1 provision of a dependent care assistance program under 2 Section 129 of the Internal Revenue Code. 3 (Source: P.A. 88-505.)