[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1649
35 ILCS 5/204 from Ch. 120, par. 2-204
Amends the Illinois Income Tax Act. Grants taxpayers
with an adjusted gross income of $75,000 or less, beginning
with taxable years beginning on or after January 1, 1998, an
additional basic amount standard exemption of $500, an
additional amount for individuals of $500, and additional
exemptions of $500 for taxpayers 65 years of age or older or
taxpayers who are blind. Provides that beginning January 1,
2000, the amounts of these exemptions shall be subject to
annual adjustments equal to the percentage of increase in the
previous calendar year in the Consumer Price Index for All
Urban Consumers for all items published by the United States
Department of Labor or a successor index adopted by the
Department of Revenue by rule. Exempts these changes from
the sunset provisions. Effective immediately.
LRB9011610KDks
LRB9011610KDks
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 204.
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 204 as follows:
7 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
8 Sec. 204. Standard Exemption.
9 (a) Allowance of exemption. In computing net income
10 under this Act, there shall be allowed as an exemption the
11 sum of the amounts determined under subsections (b), (c) and
12 (d), multiplied by a fraction the numerator of which is the
13 amount of the taxpayer's base income allocable to this State
14 for the taxable year and the denominator of which is the
15 taxpayer's total base income for the taxable year.
16 (b) Basic amount. For the purpose of subsection (a) of
17 this Section, except as provided by subsection (a) of Section
18 205 and in this subsection, each taxpayer shall be allowed a
19 basic amount of $1000. Beginning with taxable years beginning
20 on or after January 1, 1998, for the purpose of subsection
21 (a) of this Section, except as provided by subsection (a) of
22 Section 205 and in this subsection, each taxpayer with an
23 adjusted gross income of $75,000 or less shall be allowed an
24 additional basic amount of $500. For taxable years ending on
25 or after December 31, 1992, a taxpayer whose Illinois base
26 income exceeds $1,000 and who is claimed as a dependent on
27 another person's tax return under the Internal Revenue Code
28 of 1986 shall not be allowed any basic amount under this
29 subsection.
30 (c) Additional amount for individuals. In the case of an
31 individual taxpayer, there shall be allowed for the purpose
-2- LRB9011610KDks
1 of subsection (a), in addition to the basic amount provided
2 by subsection (b), an additional exemption in the amount of
3 $1000 for each exemption in excess of one allowable to such
4 individual taxpayer for the taxable year under Section 151 of
5 the Internal Revenue Code. Beginning with taxable years
6 beginning on or after January 1, 1998, in the case of an
7 individual with an adjusted gross income of $75,000 or less,
8 there shall be allowed for the purpose of subsection (a), in
9 addition to the basic amount provided by subsection (b) and
10 the additional amount in this subsection, an additional
11 exemption in the amount of $500 for each exemption in excess
12 of one allowable to that individual taxpayer for the taxable
13 year under Section 151 of the Internal Revenue Code.
14 (d) Additional exemptions for an individual taxpayer and
15 his or her spouse. In the case of an individual taxpayer and
16 his or her spouse, he or she shall each be allowed additional
17 exemptions as follows:
18 (1) Additional exemption for taxpayer or spouse 65
19 years of age or older.
20 (A) For taxpayer. An additional exemption of
21 $1,000 or, in the case of a taxpayer with an
22 adjusted gross income of $75,000 or less, for tax
23 years beginning on or after January 1, 1998, $1,500
24 for the taxpayer if he or she has attained the age
25 of 65 before the end of the taxable year.
26 (B) For spouse when a joint return is not
27 filed. An additional exemption of $1,000 or, in the
28 case of a taxpayer with an adjusted gross income of
29 $75,000 or less, for tax years beginning on or after
30 January 1, 1998, $1,500 for the spouse of the
31 taxpayer if a joint return is not made by the
32 taxpayer and his spouse, and if the spouse has
33 attained the age of 65 before the end of such
34 taxable year, and, for the calendar year in which
-3- LRB9011610KDks
1 the taxable year of the taxpayer begins, has no
2 gross income and is not the dependent of another
3 taxpayer.
4 (2) Additional exemption for blindness of taxpayer
5 or spouse.
6 (A) For taxpayer. An additional exemption of
7 $1,000 or, in the case of a taxpayer with an
8 adjusted gross income of $75,000 or less, for tax
9 years beginning on or after January 1, 1998, $1,500
10 for the taxpayer if he or she is blind at the end of
11 the taxable year.
12 (B) For spouse when a joint return is not
13 filed. An additional exemption of $1,000 or, in the
14 case of a taxpayer with an adjusted gross income of
15 $75,000 or less, for tax years beginning on or after
16 January 1, 1998, $1,500 for the spouse of the
17 taxpayer if a separate return is made by the
18 taxpayer, and if the spouse is blind and, for the
19 calendar year in which the taxable year of the
20 taxpayer begins, has no gross income and is not the
21 dependent of another taxpayer. For purposes of this
22 paragraph, the determination of whether the spouse
23 is blind shall be made as of the end of the taxable
24 year of the taxpayer; except that if the spouse dies
25 during such taxable year such determination shall be
26 made as of the time of such death.
27 (C) Blindness defined. For purposes of this
28 subsection, an individual is blind only if his or
29 her central visual acuity does not exceed 20/200 in
30 the better eye with correcting lenses, or if his or
31 her visual acuity is greater than 20/200 but is
32 accompanied by a limitation in the fields of vision
33 such that the widest diameter of the visual fields
34 subtends an angle no greater than 20 degrees.
-4- LRB9011610KDks
1 (d-1) Beginning January 1, 2000 and thereafter, the
2 basic amount and additional basic amount for individual
3 taxpayers in subsection (b), the additional amount for
4 individuals in subsection (c), and the amounts of the
5 additional exemptions in subsection (d) shall be subject to
6 annual adjustments equal to the percentage of increase in the
7 previous calendar year in the Consumer Price Index for All
8 Urban Consumers for all items published by the United States
9 Department of Labor or a successor index adopted by the
10 Department of Revenue by rule.
11 (e) Cross reference. See Article 3 for the manner of
12 determining base income allocable to this State.
13 (f) The changes made by the amendatory Act of 1998 are
14 exempt from the provisions of Section 250.
15 (Source: P.A. 86-146; 87-880; 87-1246.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.