State of Illinois
90th General Assembly
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90_SB1517

      35 ILCS 5/210
          Amends the Illinois Income Tax Act.   Provides  that  for
      tax years ending on or after December 31, 1998, the dependent
      care  assistance  program  tax  credit  shall be available to
      manufacturers and retailers (now manufacturers) and shall  be
      in  an  amount  equal  to  10%  (now  5%)  of  the  amount of
      expenditures by the taxpayer in the tax year  reported  under
      Section  129  of  the Internal Revenue Code to provide in the
      Illinois premises of  the  taxpayer's  workplace  an  on-site
      facility  dependent care assistance program under Section 129
      of the Internal Revenue Code.
                                                     LRB9011362KDgc
                                               LRB9011362KDgc
 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  and  ending with tax years ending on or before December
11    30,  1998,  each  taxpayer  who  is  primarily   engaged   in
12    manufacturing is entitled to a credit against the tax imposed
13    by  subsections (a) and (b) of Section 201 in an amount equal
14    to 5% of the amount of expenditures by the  taxpayer  in  the
15    tax  year  for which the credit is claimed, reported pursuant
16    to Section 129(d)(7) of the Internal Revenue Code, to provide
17    in the Illinois  premises  of  the  taxpayer's  workplace  an
18    on-site  facility  dependent  care  assistance  program under
19    Section 129 of the Internal Revenue Code.
20        (a-5)  Beginning  with  tax  years  ending  on  or  after
21    December 31, 1998, each taxpayer who is primarily engaged  in
22    manufacturing  or  retailing  is entitled to a credit against
23    the tax imposed by subsections (a) and (b) of Section 201  in
24    an  amount  equal to 10% of the amount of expenditures by the
25    taxpayer in the tax year for which  the  credit  is  claimed,
26    reported  pursuant  to  Section  129(d)(7)  of  the  Internal
27    Revenue  Code,  to  provide  in  the Illinois premises of the
28    taxpayer's  workplace  an  on-site  facility  dependent  care
29    assistance program under Section 129 of the Internal  Revenue
30    Code.  This  subsection  is  exempt  from  the  provisions of
31    Section 250.
                            -2-                LRB9011362KDgc
 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  this
10    Section  shall  maintain  and  record such information as the
11    Department may require by regulation regarding the  dependent
12    care  assistance  program  for  which credit is claimed. When
13    claiming the credit provided by this  Section,  the  taxpayer
14    shall  provide  such  information  regarding  the  taxpayer's
15    provision  of  a  dependent  care  assistance  program  under
16    Section 129 of the Internal Revenue Code.
17    (Source: P.A. 88-505.)

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